IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
JOHN D. FISH,
NOT FINAL UNTIL TIME EXPIRES TO
Appellant, FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
v.
FLORIDA UNEMPLOYMENT CASE NO. 1D01-2144
APPEALS COMMISSION/KOGER
EQUITY, INC.,
Appellees.
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Opinion filed January 8, 2002.
An appeal from an order of the Unemployment Appeals Commission.
Appellant, pro se.
Geri Atkinson-Hazelton, General Counsel; John D. Maher, Assistant General
Counsel, Tallahassee, for the Unemployment Appeals Commission.
PER CURIAM.
In this appeal from the denial of unemployment compensation benefits, John D.
Fish argues that the Unemployment Appeals Commission erred in upholding the
referee's decision that he had not been "paid wages for insured work equal to 1.5
times . . . his high quarter wages during . . . his base period." § 443.091(1)(f), Fla.
Stat. (2000). The referee rejected his argument that income he realized in a single
quarter from exercising stock options he had received as remuneration for employment
should be excluded from his wages, as defined in section 443.036(40)(a), Florida
Statutes (2000).
On appeal, he explicitly abandons this argument in favor of an argument that his
income from exercising stock options should be prorated over the whole time he was
employed or, at least, over the life of the options. But this latter argument is not
cognizable on appeal even to the Commission because it was not presented to the
referee. See Fla. Admin. Code. R. 38E-3.002(1). Without reaching the merits of
Mr. Fish's contentions, we are, therefore, constrained to affirm.
AFFIRMED.
DAVIS, BENTON, and BROWNING, JJ., CONCUR.
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