Before Thomas, P.j., Diaz, And Herring, JJ.
The opinion of the court was delivered by: Thomas, P.j., For The Court
MISSISSIPPI EMPLOYMENT SECURITY COMMISSION AND PRODUCERS FEED, APPELLANT v. JOHNNY L. HARRIS, APPELLEE
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
TRIAL JUDGE: HON. JANNIE M. LEWIS
COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES (OTHER THAN WORKERS' COMPENSATION)
TRIAL COURT DISPOSITION: CIRCUIT COURT REVERSED DENIAL BY COMMISSION AND ORDERED BENEFITS PAID
DISPOSITION REVERSED AND RENDERED - 6/23/98
This is an appeal from the decision of the Circuit Court of Humphreys County reversing the Mississippi Employment Security Commission Board of Review and awarding unemployment benefits to Johnny Harris. The Mississippi Employment Security Commission (MESC) raises the following issues on appeal:
I. WHETHER THE CIRCUIT COURT IMPROPERLY RE-WEIGHED THE FACTS AND SUBSTITUTED ITS JUDGMENT FOR THAT OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION BOARD OF REVIEW REGARDING THE CREDIBILITY OF THE WITNESSES?
II. WHETHER SUBSTANTIAL EVIDENCE SUPPORTS THE BOARD OF REVIEW'S DECISION THAT JOHNNY L. HARRIS SHOULD BE DISQUALIFIED FROM RECEIVING UNEMPLOYMENT BENEFITS DUE TO HIS MISCONDUCT IN EITHER GIVING AWAY SACKS OF FEED TO A CUSTOMER WITHOUT THE FEED BEING PAID FOR OR BY SELLING IT HIMSELF?
We find that the circuit court committed error, and we reverse and render, reinstating the decision of the Board of Review.
Harris worked as warehouse manager for Producers Feed in Belzoni for fourteen years. To purchase feed from the company a customer placed his order with the company secretary, Beverly Watkins, and paid her for the feed. The customer then took the ticket showing the ...