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STEWART v. DEPARTMENT OF CORRECTIONS

No. 89-3129.

561 So.2d 15 (1990)

Lewis STEWART, Appellant, v. DEPARTMENT OF CORRECTIONS and Public Employees Relations Commission (Interested Party), Appellees.

District Court of Appeal of Florida, Fourth District.

May 9, 1990.

Attorney(s) appearing for the Case

Robert L. Saylor of Saylor & Lerman, P.A., West Palm Beach, for appellant.

Lynne T. Winston, Asst. Gen. Counsel, Dept. of Corrections, Tallahassee, for appellee — Dept. of Corrections.

PER CURIAM.

We reverse. Where appellant's attorney filed a notice of appeal to the Public Employees Relations Commission one business day after the time limitation had run, the trial court erred in not applying the doctrine of equitable tolling and allowing appellant to pursue the appeal of his dismission of employment.

In Machules v. Dept. of Admin., 523 So.2d 1132 (Fla. 1988), the supreme court held that equitable...

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