BRYANT v. FLA. UNEMPLOYMENT APPEALS COM'N

No. 1D10-4920.

61 So.3d 1181 (2011)

Robert K. BRYANT, Appellant, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION and The Mercer Law Office, a Professional Association, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 25, 2011.


Attorney(s) appearing for the Case

Robert K. Bryant , pro se, Appellant.

A. Robert Whaley , General Counsel, Louis A. Gutierrez , Senior Attorney, Unemployment Appeals Commission, Tallahassee, for Appellee.


THOMAS, J.

In this unemployment compensation appeal, we must decide whether an attorney who becomes unemployed loses eligibility by working full time as a sole practitioner when his law firm earned a nominal amount of income during the relevant time period. We hold the Commission erred as a matter of law in its interpretation of the statutory definition of "totally unemployed" in section 443.036, Florida Statute, because that statute requires that a person work and...

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