TONY RUEDA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TONY RUEDA, APPELLANT,
STATE OF FLORIDA, APPELLEE
702 So. 2d 645
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Kohler v. State, 534 So. 2d 1213 (Fla. 5th DCA 1988).
POLEN, STEVENSON and GROSS, JJ., concur.
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Miller v. Fla. Unemployment Appeals Comm'n & Range Sys. Eng'g Support Co., 768 So. 2d 1218 (Fla. 4th DCA 2000)…ased on “competent, substantial evidence in the record.” Volk v. Florida Unemployment Appeals Comm’n, 673 So. 2d 574 (Fla. 4th DCA 1996). The UAC may not reject a referee’s findings if they are so supported. See Lowry v. Unemployment Appeals Comm’n, 702 So. 2d 645 (Fla. 4th DCA 1997). This is because “[a]s trier of fact, the referee is responsible for weighing and resolving conflicting evidence and judging credibility, having witnessed the demeanor of the parties, is deemed to be in the best position to make…
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Lucido v. State, 862 So. 2d 913 (Fla. 4th DCA 2003)…v. Unemployment Appeals Comm’n, 609 So. 2d 143, 145 (Fla. 4th DCA 1992). Thus, an appeals referee’s factual findings must be accepted by the UAC if such findings are supported by competent, substantial evidence. Lowry v. Unemployment Appeals Comm’n, 702 So. 2d 645 (Fla. 4th DCA 1997). This is so, because, as trier of fact, the referee is responsible for weighing and resolving conflicting evidence and judging credibility. Having witnessed the demeanor of the parties, the referee is deemed to be in the best pos…
Authorities Cited
- State v. Tharp, 534 So. 2d 1213 (Fla. 4th DCA 1988)