Navarrete v. Florida Unemp. Appeals Com'n, 726 So. 2d 833 (Fla. 3d DCA 1999). · Go Syfert
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Navarrete v. Florida Unemp. Appeals Com'n, 726 So. 2d 833 (Fla. 3d DCA 1999). Cases Citing This Book View Copy Cite
8 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: Flint v. Florida Unemployment Appeals Commission (fladistctapp, 2012-01-18)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) Flint v. Florida Unemployment Appeals Commission
Fla. Dist. Ct. App. · 2012 · confidence medium
A review of the record demonstrates that the incident for which Flint was discharged from employment, after an otherwise unblemished fifteen-year career with the employer, amounted to an “exercise of poor judgment [that] does not amount to misconduct sufficient to support the denial of unemployment compensation benefits.” Fenelus v. Publix Super Mkts., Inc., 727 So.2d 274, 274 (Fla. 3d DCA 1999) (quoting Navarrete v. Fla. Unemployment Appeals Comm’n, 726 So.2d 833, 834 (Fla. 3d DCA 1999)).
discussed Cited as authority (rule) Godoy v. Florida Unemployment Appeals Commission
Fla. Dist. Ct. App. · 2010 · confidence medium
As this Court has stated, “the mere exercise of poor judgment does not amount to misconduct sufficient to support the denial of unemployment compensation benefits.” Navarrete v. Fla. Unemployment Appeals Comm’n, 726 So.2d 833, 834 (Fla. 3d DCA 1999); see also Forte v. Fla. Unemployment Appeals, 899 So.2d 1159, 1160 (Fla. 3d DCA 2005); Garcia v. Fla. Unemployment Appeals Comm’n, 872 So.2d 966, 969-70 (Fla. 3d DCA 2004); Vega v. Fla. Unemployment Appeals, 833 So.2d 310, 311-12 (Fla. 3d DCA 2003).
discussed Cited as authority (rule) Amador v. Norcross Teleservices, Inc.
Fla. Dist. Ct. App. · 2003 · confidence medium
“Mere exercise of poor judgment does not amount to misconduct sufficient to support the denial of unemployment benefits.” Navarrete v. Florida Unemployment Appeals Comm’n, 726 So.2d 833, 834 (Fla. 3d DCA 1999); Etienne v. Muvico Theatres, Inc., 792 So.2d 648 (Fla. 3d DCA 2001).
discussed Cited "see" Garcia v. Viking Life-Saving Equipment America, Inc.
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Navarrete v. Florida Unemployment Appeals Comm’n, 726 So.2d 833 (Fla. 3d DCA 1999); Delaney v. Unemployment Appeals Comm’n, 720 So.2d 320 (Fla. 4th DCA 1998); Barnes v. Unemployment Appeals Comm’n, 717 So.2d 120 (Fla. 4th DCA 1998); Savage v. Macy’s East, Inc., 719 So.2d 1208, 1209 (Fla. 3d DCA 1998), and eases collected at n. 2.
cited Cited "see" Fenelus v. Publix Super Markets, Inc.
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Navarrete, 726 So.2d at 833 ; and cited cases.
Juan F. NAVARRETE, Appellant,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, et al., Appellees.
98-1650.
District Court of Appeal of Florida, Third District.
Feb 3, 1999.
726 So. 2d 833
Schwartz, C.J., and Jorgenson and Gersten.
Cited by 6 opinions  |  Published

Juan F. Navarrete, in proper person.

[*834] John D. Maher, Tallahassee, for appellee Florida Unemployment Appeals Commission.

Before SCHWARTZ, C.J., and JORGENSON and GERSTEN, JJ.

PER CURIAM.

Juan Navarrete appeals from an order of the Unemployment Appeals Commission that affirmed the denial of unemployment compensation benefits on the basis of misconduct connected with his work. For the reasons that follow, we reverse.

As this court has repeatedly stated, "Misconduct serious enough to warrant an employee's dismissal is not necessarily serious enough to warrant the forfeiture of compensation benefits." Benitez v. Girlfriday, Inc., 609 So.2d 665, 666 (Fla. 3d DCA 1992); see also Baptiste v. Waste Management, Inc., 701 So.2d 386 (Fla. 3d DCA 1997); Webb v. Douglas N. Rice, C.P.A., 693 So.2d 1109 (Fla. 3d DCA 1997); Miller v. Barnett Bank of Broward County, 650 So.2d 1089 (Fla. 3d DCA 1995).

Moreover, the mere exercise of poor judgment does not amount to misconduct sufficient to support the denial of unemployment compensation benefits. See Miller, 650 So.2d at 1090; see also Kelley v. Pueblo Wholesale Co., 627 So.2d 534 (Fla. 3d DCA 1993).

The record in this case establishes that although the claimant may not have been a stellar employee, and that he did exercise poor judgment believing that he was acting in his employer's best interests, his actions did not amount to misconduct that disqualifies him from receiving benefits.

Reversed and remanded with directions to grant claimant unemployment compensation benefits.