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GOMEZ v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA

No. 3D02-949.

839 So.2d 894 (2003)

Irving GOMEZ, Appellant, v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Third District.

March 12, 2003.

Attorney(s) appearing for the Case

Teri Guttman Valdes, Miami, for appellant.

John D. Maher, Tallahassee, for appellee, Florida Unemployment Appeals Commission.

Before SCHWARTZ, C.J., LEVY and SHEVIN, JJ.

SHEVIN, Judge.

Irving Gomez appeals an order of the Unemployment Appeals Commission affirming the denial of benefits. We reverse. The record shows that Gomez sent an unauthorized innocuous e-mail to a co-worker; this isolated incident of poor judgment is insufficient to establish misconduct and justify the denial of benefits. See Vega v. Florida Unemployment Appeals, 833 So.2d 310 (Fla. 3d DCA 2003)(employee's isolated act...

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