ROSCOE FOSTER JAMES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Eric Michael Patz, M.D. v. Dep't OF Health, 864 So. 2d 79 (Fla. 3d DCA 2003)
  …or an administrative hearing under section 120.569(2)(c) because Whiting’s mistaken belief as to when the time period for filing a petition ended was insufficient to support a claim of equitable tolling); Jancyn Mfg. Corp. v. State, Dept. of Health, 742 So. 2d 473, 476 (Fla. 1st DCA 1999)(refusing to apply equitable tolling doctrine where the Department did not mislead the other party but "was the result of appellant’s own inattention”). We also find Foley v. State of Florida Dept. Of Health, 839 So. 2d 828…
• O'Donnell's Corp. v. Himrod Ambroise, 858 So. 2d 1138 (Fla. 5th DCA 2003)
  …r the Commission. Instead, the delay was due to Petitioner’s own action or inaction — i.e., his inability to obtain a lawyer. That is an insufficient basis to excuse the late filing of the Petition. See Jancyn Manufacturing Corp. v. Dept. of Health, 742 So. 2d 473, 476 (Fla. 1st DCA 1999) (lack of legal representation does not excuse inaction that results in an untimely petition for hearing); Irwin, 498 U.S. at 96, 111 S.Ct. 453 (equitable tolling not implicated where delay in filing was attributable to the p…
• Yamila Garcia v. Dep't of Bus. & Prof'l Reg., 988 So. 2d 1199 (Fla. 3d DCA 2008)
  …failed to demonstrate that he “was misled or lulled into inaction, that he was in some extraordinary way prevented from asserting his rights, or that he mistakenly asserted his rights in the wrong forum”); Jancyn Mfg. Corp. v. State Dep’t of Health, 742 So. 2d 473, 476 (Fla. 1st DCA 1999) (finding that failure to seek extension or file Chapter 120 proceeding was the result of appellant’s own inattention and therefore equitable tolling doctrine did not apply where the Department did not mislead appellant). Re…