JUAN BRICENO, APPELLANT,
v.
PRECISION DELIVERY SYSTEM, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
JUAN BRICENO, APPELLANT,
PRECISION DELIVERY SYSTEM, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
752 So. 2d 131
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Juan Briceno appeals the denial of unemployment compensation benefits. In the present case conflicting testimony was offered by the parties. It was the responsibility of the referee to resolve the conflicts, which he did in this case in favor of the employer. See Wallace v. Zahn Dental Co., Inc., 618 So. 2d 382 (Fla. 3d DCA 1993). This court is not allowed to overturn the referee’s factual findings, as long as there was competent, substantial evidence at the hearing which supports the findings. See Gonzalez v. Master Flowers, Inc., 605 So. 2d 180 (Fla. 3d DCA 1992). As we see no legal basis on which to disturb the referee’s findings, the order is affirmed.
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Citator
Cited By
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Wells v. Fla. Unemployment Appeals Comm'n, 767 So. 2d 624 (Fla. 3d DCA 2000)…icable statute. A referee’s finding of misconduct cannot be disturbed if it is supported by competent and substantial evidence. See Nguyen v. Florida Unemployment Appeals Comm’n, 755 So. 2d 763 (Fla. 2d DCA 2000); Briceno v. Precision Delivery Sys., 752 So. 2d 131 (Fla. 3d DCA 2000). Absent a clearly erroneous decision by the Unemployment Appeals Commission, the Commission’s decision cannot be overturned. See Brooks v. Unemployment Appeals Comm’n, 695 So. 2d 879, 881 (Fla. 5th DCA 1997); Rosa v. Jefferson’s S…
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Jaqueline Montanez v. Compass Grp. USA, Inc., 796 So. 2d 1216 (Fla. 3d DCA 2001)…PER CURIAM. Jaqueline Montanez appeals an order denying unemployment compensation benefits. We conclude that the order is supported by the record. See Briceno v. Precision Delivery Sys., Inc., 752 So. 2d 131 (Fla. 3d DCA 2000); DeJesus v. Riconed, Inc., 741 So. 2d 642 (Fla. 3d DCA 1999). We see no abuse of discretion in the denial [*1217] of the request for a new hearing with an interpreter, where the prehearing notice advised the claimant to make a req…
Authorities Cited
- Gerald v. State, 605 So. 2d 180 (Fla. 3d DCA 1992)
- Osmundo R. Gonzalez v. Master Flowers, Inc., 605 So. 2d 180 (Fla. 3d DCA 1992)
- Wallace v. Zahn Dental Co., Inc., 618 So. 2d 382 (Fla. 3d DCA 1993)
- Anglin v. Anglin, 618 So. 2d 382 (Fla. 3d DCA 1993)