Horvath v. Southwest Airlines Co.

Full title: ELAINE M. HORVATH, Appellant, v. SOUTHWEST AIRLINES CO., and FLORIDA…

Court: District Court of Appeal of Florida, First District

Date published: Jul 14, 2000

761 So. 2d 1250 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2484.

Opinion filed July 14, 2000.

An appeal from an order of the Unemployment Appeals Commission.

Osnat K. Rind of Phillips, Richard, Rind Navarrete, P.A., Miami, Attorney for Appellant.

Judy L. Harrelson, Tallahassee, Attorney for Appellee Florida Unemployment Appeals Commission.

PER CURIAM.

The cause before us arises from an order of the Unemployment Appeals Commission (Commission) affirming the referee's denial of benefits to Claimant. We find that, under the authority of Hardy v. Unemployment Appeals Commission, 25 Fla. L. Weekly D1402 (Fla. 1st DCA June 6, 2000), and Shu v. Unemployment Appeals Comm'n, 710 So.2d 108 (Fla. 4th DCA 1998), the referee erred in interpreting section 443.101(1)(c), Florida Statutes. We therefore REVERSE the Commission's order and REMAND for a determination of Claimant's eligibility for benefits pursuant to section 443.091(1)(c)1., Florida Statutes.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.