         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-3880
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VLADISLAV LOBIDIN,

    Appellant,

    v.

FLORIDA STATE UNIVERSITY,

    Appellee.
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On appeal from the Florida Commission on Human Relations.
Michelle Wilson, Executive Director.

                        September 5, 2018


PER CURIAM.

     Appellant seeks review of the dismissal of his Whistle-
Blower’s Act complaint against Florida State University by the
Florida Commission on Human Relations. Appellant contends that
the Commission erred by summarily dismissing his complaint on
the basis of untimeliness. We agree because, by rule, the sixty-day
time period to file a complaint, see § 112.31895(1)(a), Fla. Stat.
(2016), extended “until the end of the next day that is not a
Saturday, Sunday, or legal holiday.” Fla. R. Jud. Admin. 2.514(a)
(computing time periods for statutes that do not otherwise specify
a method of computing time).

   In this instance, Appellant’s complaint should not have been
summarily dismissed despite being filed on the sixty-second day—
May 30, 2017—after the date of harm it identified—March 29,
2017—because the sixtieth day fell on a weekend, and the
complaint was filed on the first day following the weekend and
holiday Monday. See Johnson v. Fla. Dep’t of Corr., 190 So. 3d 259
(Fla. 1st DCA 2016) (reversing as improper a notice of dismissal
entered on timeliness grounds).

    We therefore REVERSE and REMAND this matter for additional
proceedings.

OSTERHAUS, WINOKUR, and M.K. THOMAS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Marie A. Mattox, Marie A. Mattox, P.A., Tallahassee, for
Appellant.

Lisa C. Scoles, Florida State University, Tallahassee, for Appellee.




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