ALEMAN-BARRIERA 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 DOLORES ALEMAN-BARRIERA, Appellant, vs. ** ** ** LARRY K. HOOPER, CPA, PA., and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees. CASE NO. 3D03-3133 ** LOWER TRIBUNAL NO. 03-10484 ** ** Opinion filed November 24, 2004. An Appeal from the Florida Unemployment Appeals Commission. Dolores Aleman-Barriera, in proper person. Louis A. Gutierrez, for appellee, Unemployment Appeals Commission. Before SCHWARTZ, Chief Judge, SHEVIN and RAMIREZ, JJ. PER CURIAM. We reverse the order of the Unemployment Appeals Commission affirming the denial of benefits. Although the conduct cited by the employer supports the claimant s dismissal, it does not amount to misconduct necessary to deny unemployment compensation benefits . . . . Baber v. Florida Keyes Children s Shelter Inc., 701 So. 2d 125, 125 (Fla. 3d DCA 1997); see Reaves v. ANC Rental Corp. 871 So. 2d 1069 (Fla. 3d DCA 2004) and cases cited therein. Reversed. 2

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