Legal Opinion · Dissent

Yanda v. Aetna Life Insurance Co.

District Court of Appeal of Florida

Decided August 16, 1995No. 94-2624Published

1DissentGreen, Judge

Respectfully, under the facts and circumstances of this ease, I cannot agree with the majority opinion which affirms the denial of unemployment compensation benefits to Bradford Yanda on the basis of “misconduct” as that term is defined in section 448.036(26), Florida Statutes (1998). In my view, Yanda’s conduct can be characterized as no more than one isolated incident of a good faith error in judgment which this court and others have said is insufficient for the denial of unemployment compensation benefits.

Prior to his discharge, Yanda had been employed by a Florida office of Aetna Life…

2Cases cited14 opinions

  1. Spaulding v. Florida Industrial CommissionDistrict Court of Appeal of Florida · 1963
  2. Hines v. Dept. of Labor & Emp. SEC.District Court of Appeal of Florida · 1984
  3. Benitez v. Girlfriday, Inc.District Court of Appeal of Florida · 1992
  4. Bulkan v. FLA. UNEMPLOYMENT APPEALSDistrict Court of Appeal of Florida · 1995
  5. Hummer v. Unemployment Appeals Com'nDistrict Court of Appeal of Florida · 1991

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