DIANA E. CASTILLO, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, ET AL., APPELLEES

Fla. 3d DCA | 2001-02-21
No. 3D00-430
Before SCHWARTZ, C.J., and LEVY and RAMIREZ, JJ.
785 So. 2d 552 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 3 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

We hold that the appellant-employee’s actions, which — at worst — amounted to a failure to comply with a superior’s directive to produce a written statement about a work-related incident, as a matter of law, did not constitute disqualifying misconduct. See § 443.036(29), Fla. Stat. (2000); Baca v. Unique Originals, Inc., 724 So. 2d 628 (Fla. 3d DCA 1998); Chery v. Flagship Airlines, Inc., 692 So. 2d 213 (Fla. 3d DCA 1997); Underhill v. Publix Super Markets, Inc., 610 So. 2d 48 (Fla. 3d DCA 1992), review denied, 624 So. 2d 267 (Fla.1993). Accordingly, the decision below denying unemployment compensation benefits is reversed and the cause remanded with directions to award the appellant the full amount of benefits claimed.

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  • Bigler v. Fla. Unemployment Appeals Comm'n & Bath & Body Works, Inc., 841 So. 2d 610 (Fla. 3d DCA 2003)
    …tes, in accordance with countless decisions of this and every other Florida court, that a mis [*611] take in judgment of this kind does not, as a matter of law, amount to disqualifying misconduct. See Castillo v. Florida Unemployment Appeals Comm’n, 785 So. 2d 552 (Fla. 3d DCA 2001); Savage v. Macy’s East, Inc., 719 So. 2d 1208, 1208-09 n. 1 (Fla. 3d DCA 1998); Castillo v. Sally Beauty Co., 637 So. 2d 269 (Fla. 3d DCA 1994); King v. Walgreen Co., 635 So. 2d 997 (Fla. 3d DCA 1994); Kelley v. Pueblo Wholesale C…
  • Zavala v. Fla. Unemployment Appeals Comm'n, 886 So. 2d 319 (Fla. 3d DCA 2004)
    …below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter of law, amount to disqualifying “misconduct.” § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment Appeals Commission, 785 So. 2d 552 (Fla. 3d DCA 2001). After remand, the appellant shall be awarded the benefits claimed.…
  • Riesco v. Fla. Unemployment Appeals Comm'n & Royal Caribbean Cruises, Ltd., 889 So. 2d 119 (Fla. 3d DCA 2004)
    …ecision below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter law, amount to disqualifying “misconduct.” § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment Appeals Comm’n, 785 So. 2d 552 (Fla. 3d DCA 2001). After remand, the appellant shall be awarded the benefits claimed.…

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