GLADWIN BOUCICAUT, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS, ETC., ET AL., APPELLEES
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Florida appellate court affirmed the unemployment appeals referee's disqualification of Boucicaut from benefits, holding that the referee's findings of misconduct were supported by competent substantial evidence despite conflicting testimony.
An appeals referee's factual findings regarding employee misconduct will not be overturned unless unsupported by competent substantial evidence in the record.
[1] An appeals referee's factual findings regarding employee misconduct and eligibility for unemployment benefits will not be overturned on appeal unless the findings are not…
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Join FLexlaw to unlock all legal intelligenceBoucicaut was discharged from employment and denied unemployment benefits based on a finding of misconduct. He appealed, challenging the referee's con…
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ROTHENBERG, Judge.
Gladwin Boucicaut (“Boucicaut”) appeals an order of the Unemployment Appeals Commission (“Commission”) affirming a decision of an unemployment compensation appeals referee, which disqualified Bouci-caut from receiving unemployment benefits, and found that Boucicaut had received benefits for which he was not entitled. As we conclude that the referee’s findings are supported by competent substantial record evidence, we affirm. See Garcia v. Fla. Unemployment Appeals Comm’n, 872 So. 2d 966, 969 (Fla. 3d DCA 2004)(holding that the appeals referee’s findings will not be overturned unless they are not supported by competent, substantial evidence in the record).
Boucicaut challenges the appeals referee’s conclusions which were adopted by the Commission, on the basis that there was conflicting evidence regarding whether Boucicaut’s discharge was due to misconduct within the meaning of the unemployment compensation statute. Credibility of a witness and the weight to be given to the evidence presented is, however, within the sound discretion of the fact finder, see Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983), which in this case was the appeals referee. Thus, to challenge the factual findings of the appeals referee, Boucicaut must demonstrate that these findings were not supported by competent substantial evidence, a burden he did not meet.
Affirmed.
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Eddy Rodriguez v. Reyes, 112 So. 3d 671 (Fla. 3d DCA 2013)…stimony of the Father. The general magistrate, however, fully credited the Father’s expía- [*674] nation. ■ Witness credibility, like all disputed issues of fact, is a determination left to the finder of fact. Boucicaut v. Fla. Unemployment Appeals, 929 So. 2d 619, 620 (Fla. 3d DCA 2006) (“Credibility of a witness and the weight to be given to the evidence presented is, however, within the sound discretion of the fact finder.”). CONCLUSION While, based upon his years of experience, the trial judge may well…
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Rosy De La Torre v. NEW Century Mortg. Corp. & Fla. Unemployment Appeals Comm'n, 935 So. 2d 1264 (Fla. 3d DCA 2006)…ngs that she was excessively tardy. The credibility of a witness and the weight to be given to the evidence presented lies within the sound discretion of the fact finder — in this case the appeals referee. See Boucicaut v. Fla. Unemployment Appeals, 929 So. 2d 619 (Fla. 3d DCA 2006). In his written decision, the appeals referee noted that conflicting testimony was presented but found the testimony of the employer to be more credible. The appeals referee did not abuse his discretion in making this finding. Ac…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983)
- Gyuri Garcia v. Fla. Unemployment Appeals Comm'n, 872 So. 2d 966 (Fla. 3d DCA 2004)