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GENTELE v. DEPT. OF PROFESSIONAL REG.

No. BO-194.

513 So.2d 672 (1987)

Dr. Anthony GENTELE, O.D., Appellant/Cross-Appellee, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF OPTOMETRY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied August 28, 1987.

Attorney(s) appearing for the Case

Richard A. Pettigrew and Melvia L. Bailey-Green of Morgan, Lewis & Bockius, Miami, for appellant/cross-appellee.

Lisa S. Nelson, Appellate Atty. and H. Reynolds Sampson, Legal Adm'r, Dept. of Professional Regulation, Tallahassee, for appellee/cross-appellant.

ERVIN, Judge.

Dr. Anthony Gentele, O.D. (Gentele), appeals the final order issued by the DOAH hearing officer denying his application for attorney's fees and costs under the Florida Equal Access to Justice Act (FEAJA), Section 57.111, Florida Statutes. The Department of Professional Regulation (DPR) cross-appeals, contending that the hearing officer erred in his conclusion that Gentele was a small business party under section 57.111(3)(c). We hold that the hearing...

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