METROPOLITAN DADE COUNTY, APPELLANT,
v.
JOHN MONTFORD, II, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
METROPOLITAN DADE COUNTY, APPELLANT,
JOHN MONTFORD, II, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
619 So. 2d 510
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Affirmed.
BASKIN and GODERICH, JJ., concur.
Dissent
COPE, Judge
(dissenting).
In my view there was substantial competent evidence supporting the referee’s finding of misconduct. I would reverse the judgment of the Florida Unemployment Appeals Commission and reinstate the ruling of the referee.
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Resnick v. Cnty. Line Auto Ctr., Inc., 639 So. 2d 1091 (Fla. 3d DCA 1994)…that the negligent design had caused him to suffer permanent injuries. The trial court denied County Line’s motion to dismiss, but later granted County Line’s motion for summary judgment. This court affirmed. Resnick v. County Line Auto Center Inc., 619 So. 2d 510 (Fla. 3d DCA 1993). There was no basis in this case for an award of fees pursuant to section 57.105. Although the defendant ultimately prevailed, “we cannot say that the facts demonstrate a total lack of a justiciable issue at the time suit was fi…