Legal Opinion · Concurrence

Rankine v. Unemployment Appeals Commission

District Court of Appeal of Florida

Decided May 16, 2001No. 4D99-3967Published

1ConcurrenceFarmer, J.

Although this is a close case, I agree that the decision of the Commission should *690be upheld, but not because of the cases cited by the majority. In my opinion the facts of this case are analogous to those in Odom v. Unemployment Appeals Commission, 586 So.2d 504 (Fla. 5th DCA 1991), where a finding of misconduct was affirmed. There, after previous incidents in which he had miscounted truckloads, the referee found that the employee had been given specific instructions to leave his forklift and count every pallet loaded. The referee found that the employee’s later failure to count drums of…

2Cases cited1 opinion

  1. Odom v. Unemployment Appeals Com'nDistrict Court of Appeal of Florida · 1991

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