Opinion

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

11 Fla. L. Weekly 2130
495 So. 2d 863
1986 Fla. App. LEXIS 9947

Court: District Court of Appeal of Florida
Filed: Oct 8, 1986
Status: Published
On the bench: Anstead, Glickstein, Martha, Warner
Cited by: 1 cases
Authority: More cited than 77.8%

The opinion

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.

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