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BAL HARBOUR VILLAGE v. FLORIDA UAC

No. 3D04-2583.

900 So.2d 771 (2005)

BAL HARBOUR VILLAGE, a Florida municipal corporation, Appellant, v. The FLORIDA UNEMPLOYMENT APPEALS COMMISSION and May V. Mangone, Appellees.

District Court of Appeal of Florida, Third District.

May 4, 2005.

Attorney(s) appearing for the Case

Weiss, Serota, Helfman, Pastoriza, Guedes, Cole Boniske, P.A., and Edward G. Guedes and Alexander L. Palenzuela, Miami, for appellant.

John D. Maher (Tallahassee), and Gregory Mangone, Unemployment Appeals Commission, for appellees.

Before GERSTEN and SHEPHERD and SUAREZ, JJ.

GERSTEN, J.

Bal Harbour Village ("Village"), appeals an Unemployment Appeals Commission ("UAC") order reversing an appeals referee's ("referee") decision that May Mangone ("Mangone") was not entitled to unemployment benefits. We reverse.

After an evidentiary hearing, the referee determined that Mangone, a code compliance officer for the Village, knowingly and repeatedly violated the Village's sick policy. The referee concluded that Mangone was discharged for...

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