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

> District Court of Appeal of Florida · October 8, 1986 · 11 Fla. L. Weekly 2130

URL: https://www.frixlaw.com/law-library/cases/7552589

## Case

- **Full name:** BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION
- **Court:** District Court of Appeal of Florida
- **Decided:** October 8, 1986
- **Citations:** 11 Fla. L. Weekly 2130; 495 So. 2d 863; 1986 Fla. App. LEXIS 9947
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Anstead, Glickstein, Martha, Warner
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7552589

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7552589. Public record. Not legal advice.