Alberto Lugo Case

ALBERTO LUGO, Appellant, vs. WESTSIDE SANITATION, INC., and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees.


CASE NO. 98-1773


COURT OF APPEAL OF FLORIDA, THIRD DISTRICT


744 So. 2d 465; 1999 Fla. App. LEXIS 1900; 24 Fla. L. Weekly D 514


February 24, 1999, Opinion Filed

SUBSEQUENT HISTORY:

[**1] Released for Publication March 26, 1999.


PRIOR HISTORY:

An appeal from the Florida Unemployment Appeals Commission. LOWER TRIBUNAL CASE NO. UAC 98-2849.


DISPOSITION:

Reversed and remanded with instructions to the Commission to award benefits without further requirements on the appellant.


COUNSEL:

Andres Rivera-Ortiz, for appellant.


John D. Maher (Tallahassee), for appellee Florida Unemployment Appeals Commission.


JUDGES:

Before COPE, GERSTEN, and FLETCHER, JJ.


OPINION:


[*466] PER CURIUM.

The order of the Unemployment Appeals Commission disqualifying the appellant from receiving benefits is reversed. The record reflects that although appellant was in fact fired on October 15, 1997, for reasons which may or may not have formed a basis for denial of benefits, he was rehired the following day (October 16). The appellant was then fired again, on October 22, 1997, clearly without any reason that would rise to the level of misconduct as defined in section 443.036(26), Florida Statutes (1997). See Castillo v. Sally Beauty Co., Inc., 637 So. 2d 269 (Fla. 3d DCA 1994).

Reversed and remanded with instructions to the Commission to award benefits without further requirements on the [**2] appellant.