RICHARD JERMAINE DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-09-01
No. 99-890
Before NESBITT, JORGENSON and SHEVIN, JJ.
738 So. 2d 1037 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion for jail time credit. We remand this cause to the trial court to award defendant proper credit for time served as applicable to each sentence.

Reversed and remanded with instructions.


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  • …als Commission] is not permitted to reweigh the evidence or reinterpret evidence to arrive at a desired conclusion.” Kriston v. Fla. Unemployment Appeals Comm’n, 693 So. 2d 689, 691 (Fla. 2d DCA 1997). See also Morrison v. Newport Wholesalers, Inc., 738 So. 2d 1037, 1038 (Fla. 3d DCA 1999). The decision of the appeals referee in this case did not ignore the rule that it is the employer’s burden to prove an unemployment compensation claimant committed misconduct connected with his employment. See Sheriff of Mo…
  • Marguens Noel v. Cusanos Italian Bakery, Inc., 791 So. 2d 556 (Fla. 3d DCA 2001)
    …oel testified that a supervisor authorized his absence from work, we point out that it is within the purview of the appeals referee to judge the witnesses’ credibility and to resolve conflicts in testimony. See Morrison v. Newport Wholesalers, Inc., 738 So. 2d 1037, 1038 (Fla. 3d DCA 1999); Andrus v. Florida Dept. of Labor and Em [*557] ployment, 379 So. 2d 468, 470 (Fla. 4th DCA 1980). We are therefore required to defer to the appeals referee’s finding and determination. Affirmed.…

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