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Cancelliere v. BancFlorida FSB

District Court of Appeal of Florida, Second District
Nov 27, 1991
590 So. 2d 23 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-01244.

November 27, 1991.

Appeal from the Florida Unemployment Appeals Commission.

Kinley I. Engvalson of Duncan Engvalson, P.A., Fort Myers, for appellant.

John D. Maher, Tallahassee, for appellee Unemployment Appeals Comm'n.


We affirm the denial of unemployment compensation to the former bank employee by reason of his misconduct. During the time he had been vice-president in charge of corporate banking, the employee had written a number of overdrafts on his account with the bank contrary to the bank's rules promulgated to its employees and had continued to do so after having been warned. See Azzari v. Pennsylvania Unemployment Compensation Board, 104 Pa. Commw. 254, 521 A.2d 539 (Pa. Commw. Ct. 1987) (employee flatly refused to work out repayment schedule with employer after defaulting on loan). Compare Billingsley v. Iowa Dept. of Job Service, 338 N.W.2d 538 (Iowa Ct. App. 1983); Tarver v. Ross, 64 A.D.2d 760, 406 N.Y.S.2d 928 (N.Y. App. Div. 1978) (no showing that overdrafts by employee in account with employee bank were intentional).

RYDER, A.C.J., and PARKER, J., concur.


Summaries of

Cancelliere v. BancFlorida FSB

District Court of Appeal of Florida, Second District
Nov 27, 1991
590 So. 2d 23 (Fla. Dist. Ct. App. 1991)
Case details for

Cancelliere v. BancFlorida FSB

Case Details

Full title:CHARLES S. CANCELLIERE, APPELLANT, v. BANCFLORIDA FSB AND FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 27, 1991

Citations

590 So. 2d 23 (Fla. Dist. Ct. App. 1991)

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