
    Gerardo L. DEMOLA, Appellant, v. METROPOLITAN DADE COUNTY, and Florida Unemployment Appeals Commission, Appellees.
    No. 97-2988.
    District Court of Appeal of Florida, Third District.
    July 29, 1998.
    
      Terrence A. Smith and Dawn K. Miller, Miami, for appellant.
    Geri Atkinson-Hazelton, Tallahassee, for appellee Florida Unemployment Appeals Commission.
    Robert A. Ginsburg, County Attorney, and Lee Kraftchiek, Assistant County Attorney, for appellee Metropolitan Dade County.
    Before COPE, FLETCHER and SHEVIN, JJ.
   PER CURIAM.

Affirmed.

FLETCHER and SHEVIN, JJ., concur.

COPE, Judge,

dissenting.

Because appellant was acting consistently with advice given by counsel, see Chery v. Flagship Airlines, Inc., 692 So.2d 213 (Fla. 3d DCA 1997), I do not believe that he can be viewed as guilty of “misconduct” for purposes of the unemployment compensation law. See Hummer v. Unemployment Appeals Comm’n, 573 So.2d 135 (Fla. 5th DCA 1991).  