Broxton v. State Board of Education

DAUKSCH, Judge.

ON MOTION TO DISMISS

Appellee moves to dismiss this appeal on the basis that this court lacks jurisdiction because the notice of appeal was not timely filed. He cites Butterfield v. Dept. of Environmental Regulation, 470 So.2d 95 (Fla. 5th DCA 1985) as authority and says that because appellant did not file the notice of appeal with the agency clerk, the Department of Education, within the proper time — thirty days from the rendering of the decision below — that this court should dismiss the appeal.

A closer reading of Butterfield and consideration of Hines v. Lykes Pasco Packing,…