Broward County Board of County Commissioners v. State, Department of Environmental Regulation

Florida District Courts of Appeal
Broward County Board of County Commissioners v. State, Department of Environmental Regulation, 495 So. 2d 863 (1986)
11 Fla. L. Weekly 2130; 1986 Fla. App. LEXIS 9947
Anstead, Glickstein, Martha, Warner

Broward County Board of County Commissioners v. State, Department of Environmental Regulation

Opinion of the Court

PER CURIAM.

We reverse the Agency’s order upon the ground that the secretarial misfiling error here constituted excusable neglect, entitling the County to be heard upon the merits. See Quality Electric Service, Inc. v. Seymour Electric Supply Co., 487 So.2d 80 (Fla. 1st DCA 1986), and cases cited therein. We also note that the secretarial error was discovered a matter of days after action was required to be taken by the County in response to that of the Agency. We fail to view the extension of excusable neglect to an administrative proceeding in this scenario as opening Pandora’s box.

GLICKSTEIN, J., and WARNER, MARTHA C., Associate Judge, concur. ANSTEAD, J., specially concurs with opinion.

Concurring Opinion

ANSTEAD, Judge,

specially concurring.

I agree with the result of the majority on the basis that the appellant has demonstrated an abuse of the discretion which I believe is vested in the appellee agency to excuse the appellant’s tardiness under the peculiar facts and circumstances of the case. Cf. City of Umatilla v. West Central Florida Police Benevolent Association, 360 So.2d 1105 (Fla.2d DCA 1978).

Reference

Full Case Name
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION
Cited By
1 case
Status
Published