5D03-282 Gfrorer v. UAC

State: Florida

Court: Florida Southern District Court

Docket No: 5D03-282.op

Case Date: 02/09/2004

Plaintiff: 5D03-282 Gfrorer

Defendant: UAC

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004

MONICA GFRORER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee. ___________________________________/ Opinion filed February 13, 2004 Administrative Appeal from the Florida Unemployment Appeals Commission. Monica Gfrorer, Orlando, Pro Se. John D. Maher, Deputy General Counsel of Unemployment Appeals Commission, Tallahassee, for Appellee. MONACO, J. Monica Gfrorer appeals from an order rendered by the Unemployment Appeals Commission affirming the denial of unemployment benefits. While there are a number of issues raised by Ms. Gfrorer1, the primary assertion concerns whether she left her employment voluntarily and without good cause attributable to the employer. After careful review of the record, we affirm. The standard of review of an administrative agency's adjudicative findings is whether those findings are supported by competent, substantial record evidence. If they are, the CASE NO. 5D03-282

We have considered the other issues raised by this appeal, but find that they are without merit.

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findings should generally not be disturbed on appeal. See Walukiewicz v. Unemployment Appeals Comm'n, 29 Fla. L. Weekly D185 (Fla. 5th DCA Jan. 9, 2004); Brown v. Unemployment Appeals Comm'n, 633 So. 2d 36 (Fla. 5th DCA), reviewdenied, 642 So. 2d 1362 (Fla. 1994), cert. denied, 513 U.S. 1082 (1995). Whether a claimant leaves employment voluntarily and without good cause attributable to the employer is a question of fact, and a finding should not be reversed if it is based on competent, substantial evidence. See Rozell v. Unemployment Appeals Comm'n, 752 So. 2d 99 (Fla 2d DCA 2000); Tourte v. Oriole of Naples, Inc., 696 So. 2d 1283, 1285 (Fla. 2d DCA 1997). Here, the Commission decided adversely to Ms. Gfrorer, and there is substantial competent evidence supporting this determination. Accordingly, we affirm. AFFIRMED.

SAWAYA, C.J., and GRIFFIN, J., concur.

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