BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, 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 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.
ANSTEAD, Judge,
specially concurring.
I agree with the result of the majority on the basis that the appellant has demonstrated an abuse of the discretion which I believe is vested in the appellee agency to excuse the appellant’s tardiness under the peculiar facts and circumstances of the case. Cf. City of Umatilla v. West Central Florida Police Benevolent Association, 360 So. 2d 1105 (Fla.2d DCA 1978).
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Scapin v. Scapin, 547 So. 2d 1012 (Fla. 1st DCA 1989)…rn by use of his best efforts to gain employment equal to his capabilities, and on that basis enter a support award as if he were in fact earning the income so imputed. Bielecki v. Bielecki, 505 So. 2d 546, 547 (Fla. 1st DCA 1987); Maddux v. Maddux, 495 So. 2d 863 (Fla. 4th DCA 1986). Income á spouse was capable of earning may be imputed in determining the amount of court ordered obligations, even if the result requires a spouse to pay support which entirely exhausts the actual income. Ward v. Ward, 502 So. 2…
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Polley v. Polley, 588 So. 2d 638 (Fla. 3d DCA 1991)…. 2d 890 (Fla. 1st DCA 1991); Scapin v. Scapin, 547 So. 2d 1012 (Fla. 1st DCA 1989); Bielecki v. Bielecki, 505 So. 2d 546 (Fla. 3d DCA), review dismissed, 511 So. 2d 297 (Fla.1987); Ward v. Ward, 502 So. 2d 477 (Fla. 3d DCA 1987); Maddux v. Mad-dux, 495 So. 2d 863 (Fla. 4th DCA 1986). On remand, the trial court is directed to conduct a hearing to ascertain the father’s actual and imputed income to determine a child-support award. See § 61.30(2)(b), Fla. Stat. (1989). In light of our remand for reconsideratio…
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Work v. Provine, 632 So. 2d 1119 (Fla. 1st DCA 1994)…rding imputation of income may be stated as follows: when a spouse who is obligated to pay support voluntarily reduces his income, the income he is capable of earning will be imputed to him when determining his support obligations. Maddux v. Maddux, 495 So. 2d 863 (Fla. 4th DCA 1986). On the other hand, it has been held that imputation of income is not proper when the diminishment of income of the supporting spouse is not preventable. See, for example, Reep v. Reep, 565 So. 2d 814 (Fla. 3d DCA 1990); Ensley v…
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- Quality Elec. Serv., Inc. v. Seymour Elec. Supply Co., Inc., 487 So. 2d 80 (Fla. 1st DCA 1986)
- City OF Umatilla v. W. Cent. Fla. Police Benevolent Ass'n, 360 So. 2d 1105 (Fla. 2d DCA 1978)