KELLY V. DADE COUNTY SCHOOL
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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 JANUARY TERM, A.D., 2004 JAMES L. KELLY, ** Appellant, ** vs. ** CASE NO. 3D03-2040 DADE COUNTY SCHOOL BOARD, and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, ** LOWER TRIBUNAL NO. 03-6004 Appellees, ** ** Opinion filed May 19, 2004. An Appeal from the Unemployment Appeals Commission. La Verne M. Kelly, for appellant. John D. Maher Appeals Commission. (Tallahassee), for Before GERSTEN, GREEN, and SHEPHERD, JJ. PER CURIAM. appellee, Unemployment James Kelly ( appellant ) Unemployment Appeals unemployment compensation appeals Commission, benefits. from affirming We an order the disagree of the denial of with the conclusion that the appellant left his employment without good cause and reverse. Good cause for leaving employment turns on whether the circumstances in a given case would have impelled the average, able-minded, qualified worker to give up his employment. Eulo v. Florida Unemployment Appeal Comm n, 724 So. 2d 636 (Fla. 2d DCA 1999). Appellant alleges that he is entitled to benefits as he left his employment with good cause attributable to his employer. The school board did not present any witnesses with personal knowledge of the facts in appellant s case or rebut the appellant s claims that he was constructively discharged from his employment. As there is not substantial, competent evidence to support the referee s finding that appellant voluntarily left his employment without good cause attributable to his employer, we reverse the order disqualifying him from receiving unemployment benefits. Reversed. 2
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