LYSTER v. FLORIDA UNEMPLOY. APPEALS COM'N

No. 1D01-4411.

826 So.2d 482 (2002)

Charles W. LYSTER, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and Southern Refrigerated Transportation, Appellees.

District Court of Appeal of Florida, First District.

September 20, 2002.


Attorney(s) appearing for the Case

David M. Noll, Esquire of Kievit, Kelly & Odom, Panama City, for Appellant.

Geri Atkinson-Hazelton, General Counsel and John D. Maher, Esquire, Tallahassee, for Appellee Unemployment Appeals Commission.


BENTON, J.

Charles W. Lyster appeals an order of the Unemployment Appeals Commission disqualifying him from receiving unemployment compensation benefits on the basis of "misconduct connected with ... work." § 443.101(1)(a), Fla. Stat. (2001). Because the employer did not prove carelessness or negligence of the kind the statute requires (and has not alleged any other misconduct), we reverse. Carelessness that does not "manifest culpability, wrongful intent, or...

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