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HOYOS v. WAL-MART ASSOCIATES INC.

No. 3D02-2967.

844 So.2d 779 (2003)

Carlos HOYOS, Appellant, v. WAL-MART ASSOCIATES INC., and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Third District.

May 14, 2003.

Attorney(s) appearing for the Case

Carlos Hoyos, in proper person.

John D. Maher (Tallahassee), for appellee Commission.

Before SCHWARTZ, C.J., and FLETCHER, J., and NESBITT, Senior Judge.

NESBITT, Senior Judge.

A former Wal-Mart employee appeals a Florida Unemployment Appeals Commission affirmance of an appeals referee's determination that claimant had been discharged for "misconduct" connected with work by reason of excessive absenteeism. We reverse because the record shows the appeals referee's determination is not supported by competent substantial evidence, and the employer did not carry its burden of proving misconduct.

After the employee...

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