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CITY OF STUART v. McMULLIAN

No. BB-283.

340 So.2d 1209 (1976)

CITY OF STUART, a Political Subdivision, Petitioner, v. A.J. McMULLIAN, III, Director, Division of Employment Security, State of Florida Department of Commerce, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 25, 1977.

Attorney(s) appearing for the Case

Ford L. Thompson and Robert M. Rhodes of Thompson, Wadsworth, Messer, Turner & Rhodes and W.R. Scott, Tallahassee, for petitioner.

James R. Parks, Miami, and Kenneth H. Hart, Jr., Tallahassee, for respondent.

PER CURIAM.

The primary issue posed by petitioner is that Section 443.07(5)(b),1 Fla. Stat., explicitly prohibits respondent from charging petitioner for unemployment compensation benefits erroneously paid by respondent and finally reversed and disqualified by an appeals referee. Baptist Baptist Hospital, Inc. v. White2 is decisive of the issue involved in...

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