04-0096 GIVENS V. UAC

State: Florida

Court: Florida Third District Court

Docket No: 04-0096 GIVENS V. UAC

Case Date: 12/08/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 JOHN G. GIVENS, Appellant, vs. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and DUCT SHOP INC., Appellees. ** Opinion filed December 8, 2004. An Appeal from the Florida Unemployment Appeals Commission. John G. Givens, in proper person. Louis A. Gutierrez (Tallahassee), for Unemployment Appeals Commission. Before SCHWARTZ, C.J., and COPE and GREEN, JJ. PER CURIAM. The appellant was denied unemployment compensation benefits on the basis of the finding below that he had been discharged for misconduct, section 443.036(29), Florida Statutes (2004), because he obdurately refused contrary to the direct orders of ** ** ** ** ** LOWER TRIBUNAL NO. 03-10608 CASE NO. 3D04-96

his supervisor, to operate a forklift, which, was a part of his job assignment. We affirm. See Citrus Central v. Detwiler, 368

So. 2d 81, 83 (Fla. 4th DCA 1979)("We rule that flagrant and intentional disobedience to a valid work order by a superior on the job should indeed be characterized as misconduct on the job . . . ."); Boyd v. Ikon Office Solutions, Inc., 743 So. 2d 1152 (Fla. 3d DCA 478 1999); So. 2d Kraft, 1183 Inc. (Fla. v. 2d Unemployment DCA 1985); Appeals Hines v.

Commission,

Department of Labor and Employment Sec., 455 So. 2d 1104 (Fla. 3d DCA 1984).

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