MICHELE PRICE, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 5th DCA | 2009-06-19
No. 5D08-1817
PALMER, C.J., and LAWSON, J., concur.
11 So. 3d 461 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 2 cases

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Holding

The court held that the Unemployment Appeals Commission's affirmation of the Appeal Referee's finding that Ms. Price voluntarily left her employment without good cause is supported by substantial competent evidence and must be affirmed.


Facts & Procedural History

Michele L. Price was denied unemployment benefits after the Appeal Referee found she voluntarily left her employment without good cause, a finding aff…

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Opinion of the Court
MONACO, J.

MONACO, J.

The appellant, Michele L. Price, appeals an order of the Unemployment Appeals Commission that affirmed the finding of the Appeal Referee to the effect that Ms. Price voluntarily left her employment without good cause. As a result, she was denied unemployment benefits. We affirm.

The determination that an employee left employment voluntarily and whether she did so without good cause are questions of fact. Brown v. Unemployment Appeals Comm’n., 820 So.2d 457 (Fla. 5th DCA 2002). Moreover, the factual determinations of an appeal referee are ordinarily presumed to be correct. Smith v. Unemployment Appeals Comm’n., 823 So.2d 873 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to support the findings of the referee, and in particular the finding that Ms. Price voluntarily left her employment without good cause, this court must affirm. Brown, 820 So.2d at 458.

In the present case the record fully supports the finding of the referee that Ms. Price voluntarily left her employment without good cause. Accordingly, we affirm.

AFFIRMED.

PALMER, C.J., and LAWSON, J., concur.


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  • …hat is presumed correct and should be affirmed unless there is no competent, substantial evidence for the finding. See, e.g., Fillmore v. Unemployment Appeals Commission, 873 So. 2d 1256 (Fla. 1st DCA 2004); Price v. Unemployment Appeals Commission, 11 So. 3d 461 (Fla. 5th DCA 2009). The appeals referee found that Reedy’s job had become extremely stressful to her and that she repeatedly spoke with the employer about the need for “assistance, training, and support” but that the situation did not improve. The…

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