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Diaz v. Winn-Dixie Store, Inc.

District Court of Appeal of Florida, Third District
Oct 29, 1991
587 So. 2d 677 (Fla. Dist. Ct. App. 1991)

Summary

reversing the order under review denying unemployment compensation benefits and remanding with directions to afford the employee the benefits claimed

Summary of this case from Kelly v. Unemployment Appeals Comm'n

Opinion

No. 91-1232.

October 29, 1991.

An Appeal from the Florida Unemployment Appeals Commission.

Thomas Eugene Zamorano, Miami, for appellant.

William T. Moore, Ormond Beach, for appellees.

Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.


The appeals referee's conclusions that the appellant "left [her] employment with good cause attributable to the employer" [e.s.], see § 443.101(1)(a), Fla. Stat. (1989), having made all reasonable efforts to preserve her employment, Glenn v. Florida Unemployment Appeals Commission, 516 So.2d 88 (Fla. 3d DCA 1987), are supported by substantial competent evidence and the applicable law. See Kan v. P.G. Cook Assocs., 566 So.2d 932 (Fla. 3d DCA 1990); Kralj v. Florida Unemployment Appeals Comm'n, 537 So.2d 201 (Fla. 2d DCA 1989); Glenn, 516 So.2d at 88. The commission therefore improperly set them aside. Kan, 566 So.2d at 932; see Florida Industrial Comm'n v. Ciarlante, 84 So.2d 1 (Fla. 1955); Perez v. State Dep't of Labor Employment, 377 So.2d 806 (Fla. 3d DCA 1979). Consequently, the order under review denying unemployment compensation benefits is reversed and the cause is remanded with directions to afford the appellant the benefits claimed.

Reversed.


Summaries of

Diaz v. Winn-Dixie Store, Inc.

District Court of Appeal of Florida, Third District
Oct 29, 1991
587 So. 2d 677 (Fla. Dist. Ct. App. 1991)

reversing the order under review denying unemployment compensation benefits and remanding with directions to afford the employee the benefits claimed

Summary of this case from Kelly v. Unemployment Appeals Comm'n
Case details for

Diaz v. Winn-Dixie Store, Inc.

Case Details

Full title:VIRGINIA S. DIAZ, APPELLANT, v. WINN-DIXIE STORE, INC., ET AL., APPELLEES

Court:District Court of Appeal of Florida, Third District

Date published: Oct 29, 1991

Citations

587 So. 2d 677 (Fla. Dist. Ct. App. 1991)

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