City of Stuart v. McMullian, BB--283
| Decision Date | 17 December 1976 |
| Docket Number | No. BB--283,BB--283 |
| Citation | 340 So.2d 1209 |
| Parties | CITY OF STUART, a political subdivision, Petitioner, v. A. J. McMULLIAN, III, Director, Division of Employment Security, State of Florida Department of Commerce, Respondent. |
| Court | Florida District Court of Appeals |
Ford L. Thompson and Robert M. Rhodes of Thompson, Wadsworth, Messer, Turner & Rhodes and W. R. Scott, Tallahassee, for petitioner.
James R. Parks, Miami, and Kenneth H. Hart, Jr., Tallahassee, for respondent.
The primary issue posed by petitioner is that Section 443.07(5)(b), 1 Fla.Stat., explicitly prohibits respondent from charging petitioner for unemployment compensation benefits erroneously paid by respondent and finally reversed and disqualified by an appeals referee. Baptist Baptist Hospital, Inc. v. White 2 is decisive of the issue involved in this cause and requires reversal.
REVERSED.
1 Sec. 443.07(5)(b), Fla.Stat., provides in part: '. . . If a determination allowing benefits is affirmed in any amount by an appeals referee, or is so affirmed by the commission or if a decision of an appeals referee, allowing benefits is affirmed in any amount by the commission, such benefits shall be promptly paid regardless of any further appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued by any court, But if such decision is finally reversed, no employer's account shall be charged with benefits so paid pursuant to the erroneous determination and benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal.' (emphasis supplied)
2 Baptist Hospital, Inc. v. White, 313 So.2d 106 (1 Fla.App.1975).
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Holy Cross Hospital of Silver Spring, Inc. v. Maryland Employment Sec. Administration
...204 (Del.1977); Baptist Hospital, Inc. v. White, 313 So.2d 106 (Fla.App.1975), and the somewhat analogous case of City of Stuart v. McMullian, 340 So.2d 1209 (Fla.App.1976), relying on Baptist Hospital; Department of Employment v. St. Alphonsus Hospital, 98 Idaho 283, 561 P.2d 1316 (1977), ......
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Brake v. Florida Unemployment Appeals Com'n, 86-1000
...because, without dispute, there was utterly no statutory authority for the imposition of this charge. See City of Stuart v. McMullian, 340 So.2d 1209 (Fla. 1st DCA 1977); Baptist Hospital, Inc. v. White, 313 So.2d 106 (Fla. 1st DCA 1975); DeThorne v. Beck, 280 So.2d 448 (Fla. 4th DCA The fi......