JOHN H. NISBET, APPELLANT,
v.
PUBLIX SUPER MARKETS, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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STRINGER, Judge.
John H. Nisbet appeals the denial of his claim for unemployment benefits. The appeals referee found that Nisbet is not entitled to unemployment benefits because his employer fired him for misconduct connected with work. See §§ 443.036(29), 443.101(1)(a), Fla. Stat. (1999). In support, the appeals referee found that Nisbet wilfully violated the employer’s policy requiring that merchandise be paid for before it is consumed. The Unemployment Appeals Commission affirmed the appeals referee’s decision. On appeal, the Unemployment Appeals Commission’s order is entitled to a presumption of correctness. See Sekinger v. Heritage Ins., Inc., 718 So. 2d 358, 359 (Fla. 2d DCA 1998). We find no legal error, and Nisbet failed to show that the finding of disqualification for unemployment benefits was not supported by competent, substantial evidence. See Morrow v. Alert Non-Emergency Transport, 725 So. 2d 418, 419 (Fla. 2d DCA 1999). Therefore, we affirm the determination that Nisbet is not eligible for unemployment benefits.
AFFIRMED.
PATTERSON, C.J., and WHATLEY, J., Concur.
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Moncaleano v. Florida Unemployment Appeals, 883 So. 2d 899 (Fla. 3d DCA 2004)…led to a presumption of correctness on appeal and will not be disturbed if supported by competent, substantial evidence. See Garcia v. Florida Unemployment Appeals Comm’n, 872 So. 2d 966, 969 (Fla. 3d DCA 2004); Nisbet v. Publix Super Markets, Inc., 769 So. 2d 1120, 1121 (Fla. 2d DCA 2000). “In reviewing whether the record contains substantial competent evidence to support the appeals referee’s findings, the District Court of Appeal cannot make determinations as to credibility or substitute its judgment for th…
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Pujol v. Florida Unemployment Appeals, 876 So. 2d 730 (Fla. 3d DCA 2004)…PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1980)(holding that the Commissions order is entitled to a presumption of correctness on appeal); Nisbet v. Publix Super Markets, Inc., 769 So. 2d 1120, 1121 (Fla. 2d DCA 2000)(holding that a finding of disqualification of unemployment benefits will not be disturbed if it is supported by competent, substantial record evidence).…
Authorities Cited
- Sekinger v. Heritage Ins., Inc., 718 So. 2d 358 (Fla. 2d DCA 1998)
- Morrow v. Alert Non-Emergency Transp. & Fla. Unemployment Appeals Comm'n, 725 So. 2d 418 (Fla. 2d DCA 1999)