MID-FL. FREEZER WAREHOUSES v. UNEMPL. APPS.

No. 5D09-2697.

41 So.3d 1014 (2010)

MID-FLORIDA FREEZER WAREHOUSES, LTD., Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee.

District Court of Appeal of Florida, Fifth District.

August 6, 2010.


Attorney(s) appearing for the Case

Priscilla E. Rivers and J. Stephen McDonald, Shuffield, Lowman & Wilson, P.A., Orlando, for Appellant.

Louis A. Gutierrez, Tallahassee, for Appellee.


ORFINGER, J.

The employer, Mid-Florida Freezer Warehouses, Ltd., challenges an award of unemployment benefits to its former employee, Dale McNeely. The employer maintains that McNeely was properly terminated for misconduct and that the appeals referee erred as a matter of law in failing to consider documentary evidence of McNeely's excessive absences and tardiness. We agree and reverse.

McNeely began working for the employer as a warehouse dock supervisor...

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