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FOWLER v. UNEMPLOYMENT APPEALS COM'N

No. 88-924.

537 So.2d 162 (1989)

Christine M. FOWLER, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION and Volusia County Sheriff's Department, Appellees.

District Court of Appeal of Florida, Fifth District.

January 12, 1989.

Attorney(s) appearing for the Case

Frederick C. Morello, of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., Daytona Beach, for appellant.

Daniel D. Eckert, Asst. County Atty., Deland, for appellee Volusia County Sheriff's Dept.

Geri Atkinson-Hazelton, Gen. Counsel, Tallahassee, for appellee Unemployment Appeals Com'n.

SHARP, Chief Judge.

Fowler appeals from an order of the Unemployment Appeals Commission which reversed the appeals referee's award of unemployment compensation. The issue is whether or not Fowler's refusal to submit to a urinalysis ordered by her employer, the Volusia County Sheriff's Department, which resulted in her discharge, constitutes "misconduct" as defined by section 443.036(24), Florida Statutes (1985).1 If such refusal is sufficiently...

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