ENVIRONMENTAL RESOURCE ASSOC. v. DGS

No. 92-1171.

624 So.2d 330 (1993)

ENVIRONMENTAL RESOURCE ASSOCIATES OF FLORIDA, INC., Appellant, v. STATE of Florida, DEPARTMENT OF GENERAL SERVICES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 13, 1993.


Attorney(s) appearing for the Case

Richard M. Haber and Robert L. McDonald, Jr. of Cramer, Haber, McDonald & LeVine, P.A., Tampa, for appellant.

Stephen S. Mathues, Staff Atty., Dept. of General Services, Tallahassee, for appellee.


BARFIELD, Judge.

Appellant seeks review of an agency denial of an administrative hearing for the reason that appellant did not timely file a request for a hearing. Appellant contends that its late filed request should be accepted on "equitable principles," since late filing is not jurisdictional and the facts do not evidence an intent by appellant to waive its right to a hearing.

The appellee sent notice to appellant of intent to terminate its contract and...

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