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Olavarrieta v. Metropolitan Dade Cty

District Court of Appeal of Florida, Third District
Mar 29, 1994
633 So. 2d 61 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1402.

February 15, 1994. Rehearing Denied March 29, 1994.

An Appeal from the Florida Unemployment Appeals Commission.

Jorge L. De La Osa and Betsy Alvarez-Zane, Miami, for appellant.

John D. Maher, Tallahassee, for appellees.

Before NESBITT, JORGENSON and LEVY, JJ.


We affirm the final order of the Unemployment Appeals Commission which upheld the Referee's finding that the claimant was discharged for misconduct connected with his employment. The referee's findings are supported by substantial, competent circumstantial evidence. See Lake Co. Sheriff's Dept. v. Unemployment Appeals Comm'n, 478 So.2d 880 (Fla. 5th DCA 1985) (circumstantial evidence may support referee's findings). See also Ordnance Research, Inc. v. Sterling, 475 So.2d 954 (Fla. 1st DCA 1985) (in reversing decision of appeals commission that awarded claimant benefits, court ruled that referee improperly failed to determine whether employee's conduct had resulted in financial loss to employer, even if conduct did not rise to level of criminal behavior).

AFFIRMED.


Summaries of

Olavarrieta v. Metropolitan Dade Cty

District Court of Appeal of Florida, Third District
Mar 29, 1994
633 So. 2d 61 (Fla. Dist. Ct. App. 1994)
Case details for

Olavarrieta v. Metropolitan Dade Cty

Case Details

Full title:MIGUEL A. OLAVARRIETA, APPELLANT, v. METROPOLITAN DADE COUNTY, ET AL.…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 29, 1994

Citations

633 So. 2d 61 (Fla. Dist. Ct. App. 1994)