RIESCO V. UAC

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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 MARTA RIESCO, Appellant, vs. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and ROYAL CARIBBEAN CRUISES, LTD., Appellees. ** ** ** ** ** ** LOWER TRIBUNAL CASE NO. 03-6417 CASE NO. 3D03-2113 Opinion filed November 24, 2004. An appeal from the Florida Unemployment Appeals Commission. Teri Guttman Valdes, for appellant. John D. Maher (Tallahassee), for appellee Florida UAC. Before GREEN, FLETCHER, and RAMIREZ, JJ. PER CURIAM. The decision below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter law, amount to disqualifying “misconduct.” § 443.036(29), Fla. Stat. (2003); Castillo v. Florida Unemployment Appeals Comm’n, 785 So. 2d 552 (Fla. 3d DCA 2001). After remand, the appellant shall be awarded the benefits claimed.