Third District Court of Appeal
State of Florida
Opinion filed December 21, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-2160
Lower Tribunal No. 15-1215
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Andrea Abril,
Appellant,
vs.
Reemployment Assistance Appeals Commission, et al.,
Appellees.
An Appeal from the Reemployment Assistance Appeals Commission.
Legal Services of Greater Miami, Inc., and Kevin E. Probst, for appellant.
Katie E. Sabo (Tallahassee), for appellee Reemployment Assistance Appeals
Commission.
Before SALTER, FERNANDEZ, and LOGUE, JJ.
LOGUE, J.
Ms. Abril appeals the denial of reemployment assistance benefits. Because
the transcript comports with the referee’s findings of fact and legal conclusions,
Abril cannot show reversible error. All of her arguments on appeal ask this court
to reweight the evidence and the referee’s credibility determinations. An appellate
court, however, is not entitled to reweigh such evidence. See, e.g., Contreras v.
Reemployment Assistance Appeals Commission, 178 So. 3d 953 (Fla. 4th DCA
2015) (noting that the appeals commission cannot reweigh the evidence and
substitute its findings for those of the referee where the findings are supported by
competent substantial evidence); Cesar v. Reemployment Assistance Appeals
Commission, 121 So. 3d 1181 (Fla. 1st DCA 2013) (reversing because the
Commission improperly rejected the appeals referee’s findings where they were
supported by competent substantial evidence).
Affirmed.
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