Riesco v. Unemployment Appeals Com'n

Full title: Marta RIESCO, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 24, 2004

889 So. 2d 119 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D03-2113.

November 24, 2004.

An appeal from the Florida Unemployment Appeals Commission.

Teri Guttman Valdes, Miami, for appellant.

John D. Maher (Tallahassee), for appellee Florida UAC.

Before GREEN, FLETCHER, and RAMIREZ, JJ.

PER CURIAM.

The decision below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter law, amount to disqualifying "misconduct." § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment Appeals Comm'n, 785 So.2d 552 (Fla. 3d DCA 2001). After remand, the appellant shall be awarded the benefits claimed.