RAQUEL CARVALHO, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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Raquel Carvalho appeals a final order of the Unemployment Appeals Commission (UAC) affirming the appeals referee’s ruling that she was disqualified from receiving unemployment benefits. The UAC adopted the referee’s findings that Carval-ho was discharged for misconduct connected with work. We affirm.
Carvalho argues on appeal that her failure to perform her duties appropriately was the result of mental illness, not intentional misconduct. We cannot review the evidentiary basis of the referee’s ruling because Carvalho neither provided a transcript nor asked the UAC to provide the court with a transcript of the proceedings below. Carvalho has the burden to demonstrate error. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) (holding that without record of trial proceedings, court cannot properly resolve underlying factual issues so as to conclude that trial court’s judgment is not supported by evidence or by alternative theory). Because there is no transcript, we must assume that the referee’s finding of work-related misconduct is supported by the evidence. See Roach v. Unemployment Appeals Comm’n, 873 So.2d 617 (Fla. 5th DCA 2004).
AFFIRMED.
GRIFFIN, ORFINGER and LAWSON, JJ., concur.
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Khara N. Gomes v. Reemployment Assistance Appeals Comm'n, 108 So. 3d 1156 (Fla. 5th DCA 2013)…PER CURIAM. AFFIRMED. See Carvalho v. Unemployment Appeals Comm’n, 51 So. 3d 601 (Fla. 5th DCA 2011) (“Because there is no transcript, we must assume that the referee’s finding of work-related misconduct is supported by the evidence.”). TORPY, LAWSON and BERGER, JJ., concur.…
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Johanne L. Nalasco v. Reemployment Assistance Appeals Comm'n & Macy's Fla. Stores LLC, 192 So. 3d 679 (Fla. 4th DCA 2016)…PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); Carvalho v. Unemployment Appeals Comm’n, 51 So. 3d 601 (Fla. 5th DCA 2011). CIKLIN, C.J., WARNER and GERBER, JJ., concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Sheridan v. State, 873 So. 2d 617 (Fla. 2d DCA 2004)
- Soonja Roach v. Unemployment Appeals Comm'n, 873 So. 2d 617 (Fla. 5th DCA 2004)