HIDALGO V. KEYS

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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 DANIEL HIDALGO, Appellant, vs. ** ** ** KEYS GRANITE, INC., and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees. CASE NO. 3D04-795 ** ** ** LOWER TRIBUNAL NO. 04-375 Opinion filed November 24, 2004. An appeal from the Florida Unemployment Appeals Commission. Daniel Hidalgo, in proper person. Louis A. Gutierrez (Tallahassee), Senior appellee Florida Unemployment Appeals Commission. Attorney, for Before COPE and GODERICH, JJ., and NESBITT, Senior Judge. PER CURIAM. Daniel Hidalgo appeals the denial of unemployment compensation benefits. In the present case conflicting testimony was offered by the parties. It was the responsibility of the referee to resolve the conflicts, which he did in this case in favor of the employer. See Wallace v. Zahn Dental Co., Inc., 618 So. 2d 382 (Fla. 3d DCA 1993). This court is not allowed to overturn the referee's factual findings, as long as there was competent, substantial evidence at the hearing which supports the findings. See Gonzalez v. Master Flowers, Inc., 605 So. 2d 180 (Fla. 3d DCA 1992). As we see no legal basis on which to disturb the referee's findings, the order is affirmed. Affirmed. 2

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