04-1085 DE LA CABADA V. UAC

State: Florida

Court: Florida Third District Court

Docket No: 04-1085 DE LA CABADA 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

LAW OFFICES OF RAMON DE LA CABADA, P.A., Appellant, vs. MERCEDES A. PINEDA and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees.

** ** ** ** ** ** ** CASE NO. 3D04-1085

LOWER TRIBUNAL NO. 04-01293

Opinion filed December 15, 2004. An appeal from the Florida Unemployment Appeals Commission. Ramon De La Cabada, for appellant. John D. Maher (Tallahassee), Deputy appellee Unemployment Appeals Commission. Before COPE, FLETCHER and RAMIREZ, JJ. PER CURIAM. The Law Offices of Ramon De La Cabada, P.A., appeal an order General Counsel for

of

the

Florida

Unemployment

Appeals

Commission

granting

unemployment benefits.

We agree with the Commission that the

incident leading to the discharge of the appellee claimant was, as stated by the Commission, "at most, an exercise of poor judgment rather than misconduct connected with work." See Bigler v. Florida

Unemployment Appeals Comm'n, 841 So. 2d 610 (Fla. 3d DCA 2003). Affirmed.

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