NANCY G. POWELL, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 1st DCA | 2004-11-15
No. 1D04-1797
KAHN, WEBSTER and POLSTON, JJ. CONCUR.
886 So. 2d 420 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the decision of the Unemployment Appeals Commission, which concluded that the claimant was disqualified from receiving benefits under sections 443.036(29) and 443.101(1)(a)2., Florida Statutes (2003). The record shows that the claimant’s conduct was a single incident of poor judgment, which justified the employer’s termination of the claimant, but did not amount to misconduct sufficient to deny the claimant benefits. See McCarty v. Fla. Unemployment Appeals Comm’n, 878 So. 2d 432, 435 (Fla. 1st DCA 2004); Ford v. S.E. Atlantic Corp., 588 So. 2d 1039, 1041 (Fla. 1st DCA 1991).

REVERSED.

KAHN, WEBSTER and POLSTON, JJ. CONCUR.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Reed v. State, 127 So. 3d 817 (Fla. 2d DCA 2013)
    …same sentence based solely on Mr. Reed’s single violation of condition 5 and the four violations of the condition that required him to remain confined to his residence. See Pollard v. State, 930 So. 2d 854, 856 (Fla. 2d DCA 2006); Ogletree v. State, 886 So. 2d 420, 421 (Fla. 2d DCA 2004); Baker v. State, 789 So. 2d 410, 411 (Fla. 4th DCA 2001). Finally, as argued by Mr. Reed and conceded by the State, the revocation order contains numerous flaws. It does not conform to the oral pronouncement; it incorrectly…
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    …lse report to his probation officer and smoking marijuana. When the record demonstrates that the trial court would have revoked probation without regard to an invalid violation, an appellate court will affirm the revocation. See Ogletree v. State, 886 So. 2d 420 (Fla. 2d DCA 2004); Smith v. State, 705 So. 2d 1033 (Fla. 3rd DCA 1998); Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997). The appellate court will remand only where it is not clear that the trial court would have imposed the same sentence based…
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    …nt’s conduct was a single incident of poor judgment, which .justified the employer’s termination of the claimant’s employment, but did not amount to misconduct sufficient to deny the claimant benefits. See Powell v. Fla. Unemployment Appeals Comm’n, 886 So. 2d 420 (Fla. 1st DCA 2004); McCarty v. Fla. Unemployment Appeals Comm’n, 878 So. 2d 432, 435 (Fla. 1st DCA 2004); Ash v. Fla. Unemployment Appeals Comm’n, 872 So. 2d 400 (Fla. 1st DCA 2004). REVERSED and REMANDED with directions to award claimant unemplo…

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