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HERNANDEZ v. AMERICAN GENERAL FINANCE

No. 3D09-3326.

39 So.3d 476 (2010)

Niurka C. HERNANDEZ, Appellant, v. AMERICAN GENERAL FINANCE and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Third District.

July 7, 2010.

Attorney(s) appearing for the Case

Niurka C. Hernandez, in proper person; Santiago J. Padilla, Miami, for appellant.

Louis A. Gutierrez, Senior Attorney, and M. Elaine Howard, Tallahassee, for appellee, Florida Unemployment Appeals Commission.

Before RAMIREZ, C.J., and COPE and ROTHENBERG, JJ.

ROTHENBERG, J.

The issue before us is whether a single incident of wrongdoing by the appellant, Niurka C. Hernandez, which led American General Finance ("AGF") to dismiss her from her job of fourteen years, rises to the level of "misconduct" as defined in section 443.036(29), Florida Statutes (2009), and thus precludes her from receiving unemployment compensation benefits. Because we find that the incident was isolated and a result of poor judgment, rather than a...

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