
    BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.
    No. 85-2018.
    District Court of Appeal of Florida, Fourth District.
    Oct. 8, 1986.
    Susan F. Delegal, Gen. Counsel for Bro-ward County and Larry E. Lymas-Johnson, Asst. Gen. Counsel, Fort Lauderdale, for appellant.
    Paul R. Ezatoff, Jr., Deputy Gen. Counsel, Karen A. Brodeen, and Julia D. Cobb, Asst. Gen. Counsel, Dept, of Environmental Regulation, Tallahassee, for 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).  