Tull v. Florida Unemployment Commission

Full title: MARY L. TULL, APPELLANT, v. FLORIDA UNEMPLOYMENT COMMISSION AND FIRST…

Court: District Court of Appeal of Florida, First District

Date published: Jun 12, 1997

695 So. 2d 497 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-3374

Opinion filed June 12, 1997.

An appeal from an order of the Unemployment Appeals Commission.

Ernest A. Sellers, Jr. of Sellers Prevatt, Live Oak, for Appellant.

William T. Moore, Unemployment Appeals Commission, Tallahassee, for Appellee Florida Unemployment Appeals Commission; no appearance for Appellee First American Home Care of Florida, Inc.

PER CURIAM.

Because the Unemployment Appeals Commission impermissibly substituted its judgment for that of the fact-finder, the order denying unemployment benefits must be reversed and the cause remanded with directions that benefits be awarded. See Scardino v. Unemployment Appeals Comm'n, 603 So.2d 549 (Fla. 1st DCA 1992). Accord Clay County Sheriff's Office v. Loos, 570 So.2d 394 (Fla. 1st DCA 1990); Shackleton v. Unemployment Appeals Comm'n, 534 So.2d 753 (Fla. 1st DCA 1988).

REVERSED and REMANDED.

ERVIN, KAHN and BENTON, JJ., CONCUR.