RAIMUNDO MUNOZ, APPELLANT,
v.
DEPARTMENT OF NATURAL RESOURCES, STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-05-08
No. 89-2998
Before FERGUSON, COPE and GERSTEN, JJ.
561 So. 2d 15 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As the trial court did not abuse its discretion in declining to set aside the default and default judgment, see Anthony Abraham Leasing, Inc. v. Developers of America Corp., 506 So. 2d 59, 60 (Fla. 3d DCA 1987), the order under review is affirmed.


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  • Env't Res. Assocs. OF Fla., Inc. v. State, 624 So. 2d 330 (Fla. 1st DCA 1993)
    …tolling is applicable to relieve the appellant from the loss of its right to a hearing based on the late filing in this case. I cannot discern any reason for not applying the rationale of the court’s decision in Stewart v. Department of Corrections, 561 So. 2d 15 (Fla. 4th DCA 1990), to the facts of this case. In applying the doctrine of equitable tolling to relieve the appellant from the loss of his right to appeal to the Public Employees Relations Commission because the notice was filed one day late, the c…
  • …it that otherwise would be barred by a limitations period.” Machules v. Department of Administration, 523 So. 2d 1132 (Fla.1988)(emphasis added). Machules considered the denial of an appeal as untimely. Similarly, in Stewart v. Dep’t of Corrections, 561 So. 2d 15 (Fla. 4th DCA 1990) the court invoked the doctrine of equitable tolling and reversed dismissal of a notice of appeal which was filed one day late. Phillip v. University of Florida, 680 So. 2d 508 (Fla. 1st DCA 1996) was an appeal from the denial of…
  • O'Donnell's Corp. v. Himrod Ambroise, 858 So. 2d 1138 (Fla. 5th DCA 2003)
    …hules; Appel; Abusalameh v. Department of Bus. Regulation, Div. of Alcoholic Beverages & Tobacco, 627 So. 2d 560 (Fla. 4th DCA 1993); Castillo v. Department of Admin., Div. of Ret., 593 So. 2d 1116 (Fla. 2d DCA 1992); Stewart v. Department of Corr., 561 So. 2d 15 (Fla. 4th DCA 1990). Prohibition is inappropriate to review an order determining the time limitations under a statute of limitations. In Panagakos v. Laufer, 779 So. 2d 296 (Fla. 2d DCA 1999), the court held: This court lacks jurisdiction to review…

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