MICHAEL J. PHILLIP, APPELLANT,
v.
UNIVERSITY OF FLORIDA, APPELLEE
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ALLEN, Judge.
The appellant challenges a final order of the University of Florida denying his petition for an administrative hearing pursuant to section 120.57, Florida Statutes, with regard to his termination from employment with the University. The University denied the petition as untimely and upon the further basis that the appellant had no substantial interests affected by his termination because he did not have tenure. But the appellant has alleged facts, supported by an affidavit, that would excuse the untimely filing of his petition. . See Machules v. Department of Admin., 523 So. 2d 1132 (Fla.1989). And he has alleged facts in his petition that would support a finding of tenure by estoppel. See Harris v. State, Dept. of Admin., 577 So. 2d 1363, 1366 (Fla. 1st DCA 1991); see also W.R. Grace & Co. v. Geodata Serv., 547 So. 2d 919 (Fla.1989). He was therefore entitled to a hearing on whether his untimely filing should be excused. See Castillo v. Department of Admin., 593 So. 2d 1116 (Fla. 2d DCA 1992). And if the untimely filing should have been excused, he was entitled to a further hearing on his petition.
Accordingly, the final order fe' set aside and the ease is remanded.
ZEHMER, C.J., and DAVIS, J., concur.
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Vantage Healthcare Corp. v. Agency FOR Health Care Admin. & Manatee Springs Nursing Ctr., Inc., 687 So. 2d 306 (Fla. 1st DCA 1997)…timely. 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 a 120.57 hearing on the grounds that the petition had been untimely filed. In Castillo v. Dep’t of Administration, 593 So. 2d 1116 (Fla. 2d DCA 1992), the court reversed and remanded the denial of…
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Unimed Lab., Inc. v. Agency for Health Care Admin., 715 So. 2d 1036 (Fla. 3d DCA 1998)…nuine factual dispute between these parties as to whether Unimed’s untimely request for a hearing was the result of excusable neglect, we remand this cause to the agency for an evidentiary hearing on this issue. See Phillip v. University of Florida, 680 So. 2d 508, 509 (Fla. 1st DCA 1996)(employee entitled to hearing on whether his untimely filed petition for hearing should be excused where affidavits alleged facts that would excuse untimely filing); Castillo v. Department of Admin. Div. of Retirement, 593 So…
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Authorities Cited
- MacHules v. Dep't OF Admin., 523 So. 2d 1132 (Fla. 1988)
- W.R. Grace & Co. v. Geodata Servs., Inc., 547 So. 2d 919 (Fla. 1989)
- Castillo v. Dep't of Admin., 593 So. 2d 1116 (Fla. 2d DCA 1992)
- Annemarie Harris v. State, 577 So. 2d 1363 (Fla. 1st DCA 1991)