GEVITY HR v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GEVITY HR, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D03-4165 FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellee. _____________________________/ Opinion filed January 11, 2005. An appeal from an order of the Unemployment Appeals Commission. Alan Orantes Forst, Chairman. James C. Polkinghorn and Kacy M. Marshall, of Fisher & Phillips LLP, Ft. Lauderdale, for appellant. John D. Maher, Deputy General Counsel, Unemployment Appeals Commission, Tallahassee, for appellee. PER CURIAM. Appellant asserts that the Unemployment Appeals Commission (UAC) erred in overturning the decision of the appeals referee disqualifying the claimant from receiving unemployment benefits. The UAC wrongfully rejected findings of the appeals referee which were based on competent substantial evidence. See Walz v. Reggie s Seafood & BBQ House, Inc., 718 So. 2d 861 (Fla. 1st DCA 1998). Accordingly, we reverse the order of the UAC and direct the UAC to enter an order consistent with the decision of the appeals referee. WOLF, C.J., WEBSTER and HAWKES, JJ., CONCUR. 2

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