BENJAMIN A. MCCARTY, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, AND SAMSONITE CO. STORES, INC., APPELLEES

Fla. 3d DCA | 2006-06-14
No. 3D06-181
Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.
930 So. 2d 846 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

No error has been demonstrated in the ruling of the appeals referee as affirmed by the Florida Unemployment Appeals Commission, that the appellant was disqualified from benefits because of misconduct for repeated absences and tardiness. See Mason v. Load King Mfg. Co., 758 So. 2d 649 (Fla.2000); Sanchez v. Dep’t of Labor & Employment Sec., 411 So. 2d 313 (Fla. 3d DCA 1982).

Affirmed.


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  • …excessive tardiness falls within this definition. See Mason v. Load King Mfg. Co., 758 So. 2d 649 (Fla.2000)(excessive tardiness and absenteeism are grounds for denial of unemploy [*1266] ment benefits); McCarty v. Fla. Unemployment Appeals Comm’n, 930 So. 2d 846 (Fla. 3d DCA 2006); Martinson v. Breit’s Tower Serv. Inc., 680 So. 2d 599, 600 (Fla. 3d DCA 1996). Torre further challenges the appeals referee’s findings that she was excessively tardy. The credibility of a witness and the weight to be given to th…

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