Davis v. McBroom

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is an unemployment compensation case. The trial court awarded benefits to the claimant and the department appeals.

The trial court properly concluded that the claimant did not leave her work voluntarily without good cause — this is true under the evidence and also because that holding or finding is not attacked on appeal, hence same is waived. However, no evidence was introduced concerning her ableness and availability for work under §§ 25-4-77 and -78(5) of the Code 1975. Such lack of proof is the only issue raised and argued by the department on…