08-3337 UNITED FORMING, INC., v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and CALVIN THORNTON

State: Florida

Court: Florida First District Court

Docket No: 08-3337

Case Date: 05/07/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA UNITED FORMING, INC., Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and CALVIN THORNTON, Appellees. _____________________________/ Opinion filed May 7, 2009. An appeal from an order of the Unemployment Appeals Commission. Alan Orantes Forst, Chairman. Mary Anne Ackourey of Freeman, Mathis & Gary, LLP, Atlanta, Georgia, for Appellant. John D. Maher, Deputy General Counsel, Tallahassee, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-3337

PER CURIAM. Appellant, United Forming, Inc., challenges an order of the Florida Unemployment Appeals Commission ("Commission"), arguing that the

Commission erred in reversing the appeals referee's decision, in which she found

that Claimant, Calvin Thornton, was disqualified from receiving unemployment benefits. We agree that the Commission erred in reweighing the evidence and in rejecting the referee's conclusion of law that Claimant's actions constituted misconduct connected with work. See Howell & O'Neal v. Fla. Unemployment Appeals Comm'n, 934 So. 2d 570, 575 (Fla. 1st DCA 2006) (noting that the Commission cannot reweigh the evidence and substitute its findings for those of the referee). Accordingly, we REVERSE the Commission's order and REMAND with directions that the Commission enter an order consistent with the referee's decision. ALLEN, WOLF, and DAVIS, JJ., CONCUR.

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