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ROBERTS v. DIEHL

No. 97-02420.

707 So.2d 869 (1998)

Wayne J. ROBERTS, Appellant, v. B.G. DIEHL and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Second District.

March 4, 1998.

Attorney(s) appearing for the Case

Wayne J. Roberts, pro se, Appellant.

William T. Moore, Tallahassee, for Appellee Unemployment Appeals Commission.

FULMER, Acting Chief Judge.

Wayne J. Roberts appeals the order of the Unemployment Appeals Commission affirming the appeals referee's decision that Roberts was discharged for misconduct connected with work and is, therefore, disqualified for benefits. We reverse because Roberts' conduct did not constitute "misconduct" as defined by the Unemployment Compensation Law.

"Misconduct" is defined in section 443.036(26), Florida Statutes (1995), as:

(a) Conduct...

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