SOONJA ROACH, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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The court affirmed the Unemployment Appeals Commission's disqualification of Roach from unemployment benefits for voluntary separation without good cause, holding that without a trial transcript, the appellant failed to meet her burden of demonstrating error.
An appellant challenging an unemployment benefits disqualification must provide a transcript of the hearing proceedings to enable appellate review of factual findings.
[1] An appellant challenging unemployment benefits disqualification must provide a transcript of hearing proceedings to enable appellate review; without a transcript, appella…
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Join FLexlaw to unlock all legal intelligence“without a record of the trial proceedings, the court cannot properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory”
Applegate v. Barnett Bank of Tallahassee, explaining the necessity of a transcript for appellate review
Soonja Roach was disqualified from receiving unemployment benefits after voluntarily leaving her employment. She claimed she was forced to separate du…
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THOMPSON, J.
Soonja Roach appeals a final order of the Unemployment Appeals Commission (“UAC”), which affirmed the appeals referee’s ruling that Roach was disqualified from receiving benefits. The UAC adopted the referee’s findings that Roach voluntarily left her employment without good cause attributable to the employer. We affirm.
Roach argues on appeal that she was forced to separate from the work place because of illness. She also contends that the referee was biased and did not give her proper instruction about process. Most important, she argues that she presented testimony and evidence to the hearing officer to support her position. We cannot review the contentions raised by Roach because she has neither provided a transcript, nor asked the UAC to provide the court with a transcript. Roach has the burden to demonstrate error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1980) (holding that without a record of the trial proceedings, the court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment 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.
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Poling v. Palm Coast Abstract & Title, Inc., 882 So. 2d 483 (Fla. 5th DCA 2004)…ourt’s decision is presumed to be correct, the trial court is presumed to have ruled correctly absent a record that demonstrates error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); Roach v. Unemployment Appeals Com’n., 873 So. 2d 617 (Fla. 5th DCA 2004); Powers v. Powers, 831 So. 2d 724 (Fla. 5th DCA 2002); Compton v. Compton, 701 So. 2d 110 (Fla. 5th DCA 1997). In the absence of a transcript, the trial court’s factual findings are presumed correct. Applegate, 377 So. 2d at 1152…
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Carvalho v. Unemployment Appeals Comm'n, 51 So. 3d 601 (Fla. 5th DCA 2011)…ial court’s judgment is not supported by evidence or by alternative theory). Because there is no transcript, we must assume that the referee’s finding of work-related misconduct is supported by the evidence. See Roach v. Unemployment Appeals Comm’n, 873 So. 2d 617 (Fla. 5th DCA 2004). AFFIRMED. GRIFFIN, ORFINGER and LAWSON, JJ., concur.…
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Moran v. Reemployment Assistance Appeals Comm'n, 114 So. 3d 214 (Fla. 5th DCA 2012)…l court’s judgment is not supported by evidence or by alternative theory). Because there is no transcript, we must assume that the referee’s findings of work-related misconduct are supported by the evidence. See Roach v. Unemployment Appeals Comm’n, 873 So. 2d 617 (Fla. 5th DCA 2004). Moran also argues that his former employer waived its right to contest an initial decision to grant benefits at an evidentiary hearing by failing to initially provide separation information pursuant to section 443.151(3)(a), F…
Previewing 3 of 4 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)
- Fryburg v. Unemployment Appeals Comm'n, 799 So. 2d 281 (Fla. 5th DCA 2001)