TONYA LONG, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND SUNCOAST GIFTS
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TONYA LONG, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-0923 FLORIDA UNEMPLOYMENT APPEALS COMMISSION and SUNCOAST GIFTS, Appellees. ___________________________/ Opinion filed June 25, 2012 An appeal from an order of the Unemployment Appeals Commission. Alan Orantes Forst, Chairman. Tonya Long, pro se, Petitioner. A. Robert Whaley, General Counsel, and M. Elaine Howard, Deputy General Counsel, Florida Unemployment Appeals Commission, Tallahassee, for Respondent. PER CURIAM. In this unemployment compensation appeal, the Unemployment Appeals Commission ( UAC ) reversed the appeals referee s finding that the claimant/appellant, Tonya Long, had been discharged, instead concluding that the claimant voluntarily left her employment without good cause attributable to the employer. The UAC thereby reversed the determination of the claimant s eligibility for unemployment benefits. The claimant appealed. The UAC now moves to relinquish jurisdiction on the ground that it has determined the decision of the appeals referee in this case to be internally inconsistent. In its motion to relinquish jurisdiction, dated May 10, 2012, the UAC essentially concedes error, admitting that the claimant s testimony may support the referee s ultimate conclusion that the claimant was discharged from her employment. The UAC s motion to relinquish jurisdiction to the lower tribunal is treated as a concession of error. See Stacey v. Dep t of Professional Regulation, 547 So. 2d 241 (Fla. 1st DCA 1989). Consistent therewith, this matter is reversed and remanded. REVERSED AND REMANDED. DAVIS, WETHERELL, and SWANSON, JJ., CONCUR. 2
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