Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mississippi Employment Security v. Noel

April 21, 1998

MISSISSIPPI EMPLOYMENT SECURITY, APPELLANT COMMISSION
v.
BOBBIE A. NOEL, APPELLEE



DATE OF JUDGMENT: 12/06/96 TRIAL JUDGE: HON. L. BRELAND HILBURN JR. COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Hinkebein, J., For The Court:

NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES (OTHER THAN WORKERS' COMPENSATION)

TRIAL COURT DISPOSITION: DECISION OF THE BOARD OF REVIEW OF MS EMPLOYMENT SECURITY COMM'N REVERSED, BENEFITS ORDERED

DISPOSITION AFFIRMED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. The Mississippi Employment Security Commission (MESC) seeks review of an order of the Hinds County Circuit Court, reversing the agency's denial of Bobbie A. Noel's claim for unemployment compensation benefits. Noel was discharged in March 1996 from her employment at Cal-Maine Farms, Inc., in Edwards, Mississippi. When she applied for unemployment compensation benefits, she was denied payment because of her "misconduct." Noel appealed the denial of benefits through the administrative procedures of the MESC, which resulted in a final decision from the Board of Review of the MESC affirming the denial of benefits. Aggrieved by this decision, Noel requested judicial review. Thereafter, Judge Breland H. Hilburn Jr. concluded that she had been prematurely terminated "without a justifiable basis," making her eligible for compensation. It is from that decision that the MESC appeals to this Court on the following grounds:

I.WHETHER THE CIRCUIT COURT ERRED BY FAILING TO FOLLOW THE APPLICABLE STANDARD OF REVIEW AND AFFIRM THE BOARD'S DECISION WHERE SUBSTANTIAL RECORD EVIDENCE SUPPORTED THE BOARD'S DECISION?

II. WHETHER THE CIRCUIT COURT ERRED BY FAILING TO FOLLOW THE APPLICABLE STANDARD OF REVIEW WHERE SUBSTANTIAL RECORD EVIDENCE SUPPORTED THE BOARD'S DECISION AND THE LAW WAS CORRECTLY APPLIED TO THE FACTS?

III. WHETHER THE CIRCUIT COURT ERRED IN REVERSING THE BOARD BY INAPPROPRIATELY IGNORING THE FACTS RELIED UPON BY THE TRIER OF FACT, THE BOARD, AND THUS BY SUBSTITUTING ITS OPINION FOR THAT OF THE BOARD?

Holding these assignments of error to be without merit, we affirm the judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.