5D10-299 Carvalho v. UAC

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-299

Case Date: 01/03/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010

RAQUEL CARVALHO, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee. ________________________________/ Opinion filed January 7, 2011 Administrative Appeal from the Unemployment Appeals Commission. Raquel Carvalho, Holly Hill, pro se. Louis A. Gutierrez, Tallahassee, for Appellee. Case No. 5D10-299

PER CURIAM. Raquel Carvalho appeals a final order of the Unemployment Appeals Commission (UAC) affirming the appeals referee's ruling that she was disqualified from receiving unemployment benefits. The UAC adopted the referee's findings that

Carvalho was discharged for misconduct connected with work. We affirm. Carvalho argues on appeal that her failure to perform her duties appropriately was the result of mental illness, not intentional misconduct. We cannot review the evidentiary basis of the referee's ruling because Carvalho neither provided a transcript

nor asked the UAC to provide the court with a transcript of the proceedings below. Carvalho has the burden to demonstrate error. See Applegate v. Barnett Bank of

Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (holding that without record of trial proceedings, court cannot properly resolve underlying factual issues so as to conclude that trial court's judgment is not supported by evidence or by alternative theory). Because there is no transcript, we must assume that the referee's finding of work-related misconduct is supported by the evidence. Comm'n, 873 So. 2d 617 (Fla. 5th DCA 2004). AFFIRMED. See Roach v. Unemployment Appeals

GRIFFIN, ORFINGER and LAWSON, JJ., concur.

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