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Garcia v. Dept. of Commerce, Board

District Court of Appeal of Florida, Third District
Mar 6, 1979
368 So. 2d 99 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1305.

March 6, 1979.

Appeal from Department of Commerce, Board of Review.

Terry L. DeMeo, Legal Services of Greater Miami, South Miami, for appellant.

Kenneth H. Hart, Jr. and Ollie L. Evans, Tallahassee, for appellees.

Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


This is an appeal of a decision of an appeals referee of the Department of Commerce, Board of Review, State of Florida, holding that appellant was not entitled to unemployment benefits under her claim because she left her employment voluntarily without good cause attributable to her employer.

We have carefully considered the record, brief and argument of counsel and have concluded that the decision of the appeals referee was correct. No error having been shown, we therefore affirm.

Affirm.


In my view, there is nothing whatsoever in the record to support the finding of the referee that the petitioner voluntarily left her employment. The only evidence — which was not disputed by the employer in any way either at the hearing, at which it presented no witnesses, or in any of the subsequent proceedings, in which it did not even appear — was that she was fired. I would therefore reverse the determination under review.


Summaries of

Garcia v. Dept. of Commerce, Board

District Court of Appeal of Florida, Third District
Mar 6, 1979
368 So. 2d 99 (Fla. Dist. Ct. App. 1979)
Case details for

Garcia v. Dept. of Commerce, Board

Case Details

Full title:MATILDA GARCIA, APPELLANT, v. DEPARTMENT OF COMMERCE, BOARD OF REVIEW…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 6, 1979

Citations

368 So. 2d 99 (Fla. Dist. Ct. App. 1979)