At page 421 cited at this page1 citing case
- State v. Florida, 894 So. 2d 941 (Fla. 2005).publishedThe Fourth District stated in Gresham that "both the pleading and the evidence relied on by the state at trial are consistent with the stabbing being committed as part of the attempted second degree murder." 725 So.2d at 421.
v.
UNEMPLOYMENT APPEALS COMMISSION
Somerset on Lake Saunders, Inc. (Somerset) appeals the order entered by the Unemployment Appeals Commission (UAC) affirming the decision of the appeals referee that Marlene Hutcheson is entitled to receive unemployment compensation benefits. We affirm.
Somerset first maintains that Ms. Hutche-son is not entitled to receive unemployment compensation benefits because she voluntarily terminated her employment without good cause attributable to her employer. See § 443.101, Fla. Stat. (1997). However, the record evidence supports the conclusion reached by the appeals referee that Ms. Hutcheson sustained her burden of proving that she did not voluntarily quit her job, but instead her employment was terminated by Somerset.
Next, Somerset contends that Ms. Hutche-son is not entitled to receive unemployment compensation benefits because she was discharged for misconduct. See § 443.101, Fla. Stat. (1997). Again, the record supports the appeals referee’s finding that Ms. Hutcheson did not engage in any misconduct. Accordingly, we affirm. See Brooks v. Unemployment Appeals Commission, 695 So.2d 879 (Fla. 5th DCA 1997).
AFFIRMED.
GRIFFIN, C.J., and THOMPSON and ANTOON, JJ., concur.