MONICA GFRORER, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 5th DCA | 2004-02-13
No. 5D03-282
SAWAYA, C.J., and GRIFFIN, J., concur.
864 So. 2d 1290 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 9 cases

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Holding

The court held that the Unemployment Appeals Commission's findings were supported by competent, substantial record evidence and therefore affirmed the denial of unemployment benefits.


Facts & Procedural History

Monica Gfrorer appealed the denial of unemployment benefits after the Unemployment Appeals Commission affirmed the initial denial. The primary issue w…

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Opinion of the Court
MONACO, J.

MONACO, J.

Monica Gfrorer appeals from an order rendered by the Unemployment Appeals Commission affirming the denial of unemployment benefits. While there are a number of issues raised by Ms. Gfrorer1, the primary assertion concerns whether she left her employment voluntarily and without good cause attributable to the employer. After careful review of the record, we affirm.

The standard of review of an administrative agency’s adjudicative findings is whether those findings are supported by competent, substantial record evidence. If they are, the findings should generally not be disturbed on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288 (Fla. 5th DCA 2004); Brown v. Unemployment Appeals Comm’n, 633 So. 2d 36 (Fla. 5th DCA), review denied, 642 So. 2d 1362 (Fla.1994), cert. denied, 513 U.S. 1082, 115 S.Ct. 733, 130 L.Ed.2d 636 (1995). Whether a claimant leaves employment voluntarily and without good cause attributable to the employer is a question of fact, and a finding should not be reversed if it is based on competent, substantial evidence. See Rozell v. Unemployment Appeals Comm’n, 752 So. 2d 99 (Fla. 2d DCA 2000); Tourte v. Oriole of Naples, Inc., 696 So. 2d 1283, 1285 (Fla. 2d DCA 1997).

Here, the Commission decided adversely to Ms. Gfrorer, and there is substantial competent evidence supporting this determination. Accordingly, we affirm.

AFFIRMED.

SAWAYA, C.J., and GRIFFIN, J., concur. . We have considered the other issues raised by this appeal, but find that they are without merit.


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Cited By

  • Meridith R. Cain v. Unemployment Appeals Comm'n, 876 So. 2d 592 (Fla. 5th DCA 2004)
    …cause attributable to her employer. We affirm. The standard of review of an administrative agency’s adjudicative findings is whether those findings are supported by substantial competent record evidence. See Gfrorer v. Unemployment Appeals Comm’n, 864 So. 2d 1290, 1290 (Fla. 5th DCA 2004). If they are, the findings are generally not reversable on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288 (Fla. 5th DCA 2004). Whether a claimant for unemployment benefits leaves his or her employme…
  • Belcher v. Unemployment Appeals Comm'n, 882 So. 2d 486 (Fla. 5th DCA 2004)
    …t.” Brown v. Unemployment Appeals Comm’n, 633 So. 2d 36 (Fla. 5th DCA 1994). Whether an individual voluntarily left employment for “good cause” is a question of fact to be determined by an appeals referee. See Gfrorer v. Unemployment Appeals Comm’n, 864 So. 2d 1290 (Fla. 5th DCA 2004); see also San Roman v. Unemployment Appeals Comm’n, 711 So. 2d 93, 95 (Fla. 4th DCA 1998) (“good cause” is mixed question of law and fact or ultimate fact best left to factfinder). The decision made by the appeals referee concern…
  • …ve agency’s adjudicative findings is whether those findings are supported by substantial competent record evidence.” Rietter v. Fla. Unemployment Appeals Comm’n, 875 So. 2d 808, 808 (Fla. 3d DCA 2004) (citing Gfrorer v. Unemployment Appeals Comm’n, 864 So. 2d 1290 (Fla. 5th DCA 2004)). Thus, the final agency decision cannot be reversed unless the action taken is not supported by competent, substantial evidence in the record. § 120.68(7)(b), Fla. Stat. (2016). Other grounds for reversing that agency’s final…

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