RAMON F. GARCIA, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 3d DCA | 2006-03-15
No. 3D05-1934
Before GERSTEN, GREEN, JJ., and SCHWARTZ, Senior Judge.
923 So. 2d 1193 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Ramon Garcia (Garcia) appeals the Unemployment Appeals Commission’s order affirming the disqualification of Garcia’s unemployment compensation benefits.

Because the record does not contain substantial competent evidence to support a finding of misconduct serious enough to disqualify Garcia from receiving unemployment compensation benefits, we reverse. See Mitchell v. Fla. Unemployment Appeals Comm’n, 804 So. 2d 618 (Fla. 3d DCA 2002)(although work attitude and demean-or may not have been appropriate, there was no evidence of misconduct serious enough to warrant disqualification from receiving unemployment benefits); Carmona v. Fla. Unemployment Appeals Comm’n, 826 So. 2d 1014 (Fla. 3d DCA 2001); Benitez v. Girlfriday, Inc., 609 So. 2d 665, 666 (Fla. 3d DCA 1992). Accordingly, we reverse and remand with directions to afford Garcia the benefits he claimed.

Reversed and remanded.


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  • Casales v. Rezdrums 2 Inc., 939 So. 2d 1129 (Fla. 3d DCA 2006)
    …Florida Statutes (2005). Further, the record fails to reveal competent substantial evidence that Casales’ single good-faith error in judgment was serious enough to warrant disqualification of benefits. See Garcia v. Fla. Unemployment Appeals Comm’n, 923 So. 2d 1193 (Fla. 3d DCA 2006); Jackson v. Unemployment Appeals Comm’n, 730 So. 2d 719 (Fla. 5th DCA 1999); Miller v. Barnett Bank of Broward County, 650 So. 2d 1089 (Fla. 3d DCA 1995). Accordingly, we reverse and remand with directions to afford Casales the…

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