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

District Court of Appeal of Florida

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

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 8, 1986

DocketNo. 85-2018

StatusPublished

Cited by1 cases

This text of 495 So. 2d 863 (Broward County Board of County Commissioners v. State, Department of Environmental Regulation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broward County Board of County Commissioners v. State, Department of Environmental Regulation, 495 So. 2d 863, 11 Fla. L. Weekly 2130, 1986 Fla. App. LEXIS 9947 (Fla. Ct. App. 1986).

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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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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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495 So. 2d 863, 11 Fla. L. Weekly 2130, 1986 Fla. App. LEXIS 9947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broward-county-board-of-county-commissioners-v-state-department-of-fladistctapp-1986.

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