Legal Opinion · Dissent

Martinez v. Reemployment Assistance Appeals Commission

District Court of Appeal of Florida

Decided July 17, 2013No. 3D12-1363Published

1DissentSchwartz, Senior Judge

Without reaching the issue treated by the majority, I would reverse simply because the result is directly contrary to the terms of our decision in Martinez v. Ford Midway Mall, Inc., 59 So.3d 168, 174 (Fla. 3d DCA 2011), which reversed and remanded this ease “with directions to the UAC to award the requested benefits.” Unfortunately, and not for the first time, the board ignored this direction and came up with an argument never previously raised but now applied to result in an award of no benefits — thus unacceptably nullifying the effect of the unchallenged prior opinion, which resolved the…

2Cases cited8 opinions

  1. CORPORATION v. Village of North Palm BeachSupreme Court of Florida · 1974
  2. Berger v. LeposkySupreme Court of Florida · 1958
  3. Mendelson v. MendelsonDistrict Court of Appeal of Florida · 1977
  4. Savage v. MacY's East, Inc.District Court of Appeal of Florida · 1998
  5. Wilcox v. Hotelerama Associates, Ltd.District Court of Appeal of Florida · 1993

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