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BROWARD CTY. BD. OF CTY. v. STATE

No. 85-2018.

495 So.2d 863 (1986)

BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 1986.

Attorney(s) appearing for the Case

Susan F. Delegal, Gen. Counsel for Broward County and Larry E. Lymas-Johnson, Asst. Gen. Counsel, Fort Lauderdale, for appellant.

Paul R. Ezatoff, Jr., Deputy Gen. Counsel, Karen A. Brodeen, and Julia D. Cobb, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, for appellee.

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...

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