JOANNA W. CASSADY, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed the Unemployment Appeals Commission's decision requiring repayment of unemployment benefits overpayment, holding that the appeals referee had equitable power to waive repayment under Florida law.
An appeals referee has the equitable power to waive repayment of unemployment compensation overpayments and is not without authority to do so.
[1] An appeals referee possesses equitable authority to waive repayment of unemployment compensation overpayments and is not powerless to grant such relief.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceCassady received an overpayment of unemployment compensation benefits. The appeals referee found she might be entitled to equitable relief but conclud…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Equitable Authority cases and more on FLexlaw
PER CURIAM.
This is an appeal from a decision of the Unemployment Appeals Commission affirming the finding of the appeals referee that appellant was required to repay an overpayment of unemployment compensation benefits which she had received. The appeals referee found that although appellant might be entitled to relief on equitable grounds, he was “without power to waive the repayment of an overpayment.”
We reverse and remand on the authority of Renelus v. Florida Unemployment Appeals Commission, 484 So. 2d 629 (Fla. 3d DCA 1986), review pending, no. 68,442 (Fla. filed Mar. 7, 1986); Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla. 3d DCA 1985), review pending, no. 68,145 (Fla. filed Jan. 9, 1986); Garcia v. Department of Labor & Employment Security, 426 So. 2d 1171 (Fla. 3d DCA 1983); and Sagaert v. State, Department of Labor & Employment Security, 418 So. 2d 1228 (Fla. 3d DCA 1982). See § 443.151(6)(c), Fla.Stat. (1983). As in Rene-lus and Comer, we also certify this decision as being in express and direct conflict with Sheppard v. State, Department of Labor & Employment Security, 442 So. 2d 1114 (Fla. 4th DCA 1983).1
Reversed and remanded.
. We note that the second district, in the recent case of Sheppard v. Florida Unemployment Appeals Commission, 492 So. 2d 827 (Fla. 2d DCA 1986), has followed the fourth district’s holding in Sheppard v. State, Department of Labor & Employment Security.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
MacVEAN v. Fla. Unemployment Appeals Comm'n, 503 So. 2d 411 (Fla. 4th DCA 1987)…oyment Security, 442 So. 2d 1114 (Fla. 4th DCA 1983). Accord Sheppard v. Florida Unemployment Appeals Commission, 492 So. 2d 827 (Fla.2d DCA 1986). We acknowledge conflict with the following cases: Cassady v. Florida Unemployment Appeals Commission, 495 So. 2d 255 (Fla.3d DCA 1986); Renelus v. Florida Unemployment Appeals Commission, 484 So. 2d 629 (Fla.3d DCA 1986); Comer v. State, Unemployment Appeals Commission, 481 So. 2d 67 (Fla.3d DCA 1985); Garcia v. Department of Labor and Employment Security, 426 So.…
-
Unemployment Appeals Comm'n v. Cassady, 507 So. 2d 1101 (Fla. 1987)…OVERTON, Justice. We accepted jurisdiction in this cause, reported as Cassady v. Florida Unemployment Appeals Commission, 495 So. 2d 255 (Fla. 3d DCA 1986), on the basis of conflict with Sheppard v. State, Department of Labor & Employment Security, 442 So. 2d 1114 (Fla. 4th DCA 1983).* We quash the district court of appeal’s decision on the authority of Unemployment Appeals Commissio…
Authorities Cited
- Sagaert v. State, 418 So. 2d 1228 (Fla. 3d DCA 1982)
- ORR v. Broward Cnty. Sheriff's Dep't & Former Sheriff Robert Butterworth, 442 So. 2d 1114 (Fla. 4th DCA 1983)
- Garcia v. Dep't OF Labor & Emp. Sec., 426 So. 2d 1171 (Fla. 3d DCA 1983)
- Comer v. State, 481 So. 2d 67 (Fla. 3d DCA 1985)
- Renelus v. Fla. Unemployment Appeals Comm'n, 484 So. 2d 629 (Fla. 3d DCA 1986)
- Rojas v. State, 484 So. 2d 629 (Fla. 3d DCA 1986)
- Sheppard v. Fla. Unemployment Appeals Comm'n, 492 So. 2d 827 (Fla. 2d DCA 1986)