5D08-3948 Galloway v. UAC

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3948

Case Date: 07/27/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009

ALTHEA GALLOWAY, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee. ________________________________/ Opinion filed July 31, 2009 Administrative Appeal from the Unemployment Appeals Commission. Althea Galloway, Greensboro, N.C., Pro Se. John D. Maher, Tallahassee, for Appellee. Case No. 5D08-3948

PER CURIAM. Althea Galloway appeals an order of the Unemployment Appeals Commission affirming the appeal referee's finding that Ms. Galloway voluntarily left her employment without good cause. As a result, she was denied unemployment benefits. We affirm. The determination that an employee left employment voluntarily and whether she did so without good cause are questions of fact. Brown v. Unemployment Appeals Comm'n, 820 So. 2d 457 (Fla. 5th DCA 2002). An appeal referee's factual

determinations are ordinarily presumed to be correct. Smith v. Unemployment Appeals

Comm'n, 823 So. 2d 873 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to support the appeal referee's findings, and in particular the finding that Ms. Galloway voluntarily resigned from her employment without good cause, this Court must affirm. Brown, 820 So. 2d at 458. The record before us fully supports the finding of the referee that Ms. Galloway voluntarily resigned from her employment without good cause. We cannot reweigh the evidence. Accordingly, we affirm. AFFIRMED.

MONACO, C.J., PALMER and ORFINGER, JJ., concur.

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