CLAUDIA FRYBURG, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
Claudia Fryburg appeals a final order of the Unemployment Appeals Commission affirming the appeals referee’s ruling that she is not entitled to unemployment compensation benefits. We affirm. Fryburg has the burden to demonstrate error. Wolfson v. Unemployment Appeals Comm’n, 649 So. 2d 363 (Fla. 5th DCA 1995). Because the focus of Fryburg’s argument is the fact findings made by the referee, Fryburg’s failure to include a copy of the transcript of the hearing as part of the record on appeal is fatal. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). The referee found that Fryburg left her employment in order to assist her seriously ill sister and not for any cause attributable to the employer. “The question of whether a claimant left work voluntarily is a question of fact.” Ritenour v. Unemployment Appeals Comm’n, 570 So. 2d 1106, 1107 (Fla. 5th DCA 1990). That fact was decided adversely to Fryburg and, in the absence of a transcript, we presume it to be correct.
AFFIRMED.
PETERSON and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Unemployment Appeals Comm'n, 823 So. 2d 873 (Fla. 5th DCA 2002)…referee’s determinations of fact are presumed correct and it is impossible for Smith to establish error without a transcript. McGill v. Unemployment Appeals Commission, 821 So. 2d 341 (Fla. 5th DCA 2002); Fryburg v. Unemployment Appeals Commission, 799 So. 2d 281 (Fla. 5th DCA 2001). AFFIRMED. HARRIS and ORFINGER, R.B., JJ., concur. . Apparently neither party complied with the rules governing preparation and preservation of the record.…
-
Soonja Roach v. Unemployment Appeals Comm'n, 873 So. 2d 617 (Fla. 5th DCA 2004)…t is not supported by the evidence or by an alternative theory). Because there is no transcript, we must assume that the referee’s finding that Roach left work voluntarily is supported by the evidence. See Fryburg v. Unemployment Appeals Commission, 799 So. 2d 281 (Fla. 5th DCA 2001). AFFIRMED. GRIFFIN and MONACO, JJ., concur.…
-
McGILL v. Unemployment Appeals Comm'n, 821 So. 2d 341 (Fla. 5th DCA 2002)…ellee. Without a transcript, in a case like this which hinges on the resolution of disputed factual matters, the appellant’s case cannot but fail. AFFIRMED. PALMER and ORFINGER, R.B., JJ., concur. . Fryburg v. Unemployment Appeals Commission, 799 So. 2d 281 (Fla. 5th DCA 2001); Estrada v. Unemployment Appeals Commission, 693 So. 2d 1091 (Fla. 5th DCA 1997).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Ritenour v. Unemployment Appeals Comm'n, 570 So. 2d 1106 (Fla. 5th DCA 1990)
- Wolfson v. Unemployment Appeals Comm'n, 649 So. 2d 363 (Fla. 5th DCA 1995)
- Quinton Collier v. State, 649 So. 2d 363 (Fla. 5th DCA 1995)