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GOPMAN v. DEPARTMENT OF EDUC.

Nos. 1D04-0841, 1D04-1346.

908 So.2d 1118 (2005)

Daniel B. GOPMAN, Appellant, v. DEPARTMENT OF EDUCATION, STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

July 25, 2005.

Attorney(s) appearing for the Case

Miles J. Gopman, Miami, for Appellant.

Daniel Woodring, General Counsel; Jason Fudge, Assistant General Counsel, Jose Blas Lorenzo, Jr., Assistant General Counsel, and Margaret O'Sullivan Parker, Assistant General Counsel, for Appellee.

BENTON, J.

On these consolidated appeals by a disappointed scholarship applicant, the Department of Education (DOE) argues that section 1009.42, Florida Statutes (2003), should be construed as supplanting the Administrative Procedure Act, albeit by implication. Rejecting this interpretation of the applicable statutes, we reverse DOE's order denying eligibility, and remand for a section 120.57 hearing. But we affirm (on grounds that differ from DOE's) the Department...

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