Legal Opinion
Gopman v. Department of Education
District Court of Appeal of Florida
Decided July 25, 2005No. Nos. 1D04-0841, 1D04-1346PublishedCited by 3 opinions
1Opinion of the CourtBenton, 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’s denial of a concurrent petition for declaratory statement.
The Administrative Procedure Act presumptively governs the exercise of all…
2Cases cited23 opinions
- McDonald v. Dept. of Banking and FinanceDistrict Court of Appeal of Florida · 1977
- State Ex Rel. Dept. of General Serv. v. WillisDistrict Court of Appeal of Florida · 1977
- Florida Dept. of Transp. v. JWC Co., Inc.District Court of Appeal of Florida · 1981
- Capeletti Bros., Inc. v. STATE DEPT. OF TRANSP.District Court of Appeal of Florida · 1978
- Rice v. Dept. of Health & RehabilitativeDistrict Court of Appeal of Florida · 1980
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3Cited by3 opinions
- School Board of Palm Beach County v. Survivors Charter Schools, Inc.Supreme Court of Florida · 2009
- Fairpay Solutions v. AGENCY FOR HEALTH CAREDistrict Court of Appeal of Florida · 2007
- Gopman v. DEPARTMENT OF EDUC.District Court of Appeal of Florida · 2005