GIVENS 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 JOHN G. GIVENS, ** Appellant, vs. ** ** FLORIDA UNEMPLOYMENT APPEALS COMMISSION, and DUCT SHOP INC., CASE NO. 3D04-96 ** ** Appellees. LOWER TRIBUNAL NO. 03-10608 ** Opinion filed December 8, 2004. An Appeal from the Florida Unemployment Appeals Commission. John G. Givens, in proper person. Louis A. Gutierrez (Tallahassee), for Unemployment Appeals Commission. Before SCHWARTZ, C.J., and COPE and GREEN, JJ. PER CURIAM. The appellant was denied unemployment compensation benefits on the basis of the finding below that he had been discharged for misconduct, section 443.036(29), Florida Statutes (2004), because he obdurately refused contrary to the direct orders of his supervisor, to operate a forklift, which, was a part of his job assignment. We affirm. See Citrus Central v. Detwiler, 368 So. 2d 81, 83 (Fla. 4th DCA 1979)( We rule that flagrant and intentional disobedience to a valid work order by a superior on the job should indeed be characterized as misconduct on the job . . . . ); Boyd v. Ikon Office Solutions, Inc., 743 So. 2d 1152 (Fla. 3d Commission, DCA 478 1999); So. 2d Kraft, Inc. v. Unemployment 1183 (Fla. 2d DCA 1985); Appeals Hines v. Department of Labor and Employment Sec., 455 So. 2d 1104 (Fla. 3d DCA 1984). 2

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