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GALLAGHER v. STATE, UNEMPLOYMENT APPEALS COMMISSION

No. 4D08-3939.

29 So.3d 345 (2010)

Thomson GALLAGHER, Appellant, v. STATE of Florida, UNEMPLOYMENT APPEALS COMMISSION and Sofla Wings 1, LLC, Appellees.

District Court of Appeal of Florida, Fourth District.

February 3, 2010.

Attorney(s) appearing for the Case

Bonnie S. Satterfield of Bonnie S. Satterfield, P.A., Coral Springs, for appellant.

Louis A. Gutierrez, Tallahassee, for appellee State of Florida, Unemployment Appeals Commission.

LEVINE, J.

We are presented with the question of what circumstances justify the denial of unemployment benefits by the Unemployment Appeals Commission ("Commission"). We find that the Commission incorrectly denied appellant unemployment benefits, and we reinstate the decision of the referee.

The facts of the case as summarized by the referee, and adopted by the Commission, are as follows:

The claimant began...

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