Petitioner: BMW OF NORTH AMERICA, LLC AND HOLMAN AUTOMOTIVE, INC.
Respondent: POMPANO IMPORTS, INC., D/B/A VISTA MOTOR COMPANY
Judges: STUART M. LERNER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Mar. 07, 2008
Status: Closed
Recommended Order on Monday, April 27, 2009.
Latest Update: Jun. 24, 2009
Summary: Whether the proposed relocations of the existing Fort Lauderdale sales and service operations of Petitioner Holman Automotive, Inc. (Holman) for BMW passenger cars, BMW light trucks, and MINI passenger cars, as more particularly described in the notices of intent published by BMW of North America, LLC (BMW NA) in the Florida Administrative Weekly, should be permitted.Recommended that approval of proposed dealership relocations be denied where licensee failed to meet its burden of showing inadeq
Summary: Whether the proposed relocations of the existing Fort Lauderdale sales and service operations of Petitioner Holman Automotive, Inc. (Holman) for BMW passenger cars, BMW light trucks, and MINI passenger cars, as more particularly described in the notices of intent published by BMW of North America, LLC (BMW NA) in the Florida Administrative Weekly, should be permitted.Recommended that approval of proposed dealership relocations be denied where licensee failed to meet its burden of showing inadequate representation in the relevant "communities" or "territories."
More
08001160 AFOORDERED and ADJUDGED that the proposed relocations of Holman BMW Fort
Lauderdale and Holman Mini to the Propo7cation is hereby DENIED.
DONE AND ORDERED this £day of June, 2009, in Tallahassee, Leon County, Florida.
LA. FORD, Direc Division of Motor Vehicles Department of Highway Safety and Motor Vehicles
Neil Kirkman Building Tallahassee, Florida 32399
Filed with the Clerk of the Division oJ;;fotor Vehicles
this 4/ef day of June, 2009.
NOTICE OF APPEAL RIGHTS
Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure.
Copies furnished:
Kathy Mullin, General Counsel Holman Enterprises
7411 Maple Avenue Pennsauken, New Jersey 08109
Barry Richard, Esquire John K. Londot, Esquire Greenberg Traurig, P.A. Post Office Box 1838 Tallahassee, Florida 32301
John W. Forehand, Esquire Lewis, Longman & Walker, P.A. 2600 Centennial Place, Suite 100
Tallahassee, Florida 32308-0572
Dean Bunch, Esquire
Melissa Fletcher Allaman, Esquire
J. Andrew Bertran, Jr., Esquire
. Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Bouelvard South, Suite 202
Tallahassee, Florida 32309-3561
Stuart M. Lerner Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Nalini Vinayak, Dealer License Administrator Florida Administrative Law Reports
Post Office Box 385 Gainesville, Florida 32602
APPENDIX
RULINGS ON EXECTIONS TO RECOMMENDED ORDER
Exception to Finding of Fact 197: Rejected. The Find is supported by competent substantial evidence.
Exception to Conclusion of Law 215: Rejected. The Conclusion is legally correct. Exception to Recommendation: Rejected. The Recommendation is legally correct.
Docket for Case No: 08-001160
| Issue Date |
Proceedings |
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Jun. 24, 2009 |
Final Order filed.
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Apr. 27, 2009 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Apr. 27, 2009 |
Recommended Order (hearing held October 27-31, November 3-7 and December 17, 2008). CASE CLOSED.
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Mar. 17, 2009 |
Appendix to Respondent`s Proposed Recommended Order filed.
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Mar. 17, 2009 |
Notice of Filing (replacement pages for tabs 31-34 of its Appendix to Respondent`s Proposed Recommended Order) filed.
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Mar. 16, 2009 |
Appendix to Respondent`s Proposed Recommended Order filed.
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Mar. 16, 2009 |
Proposed Recommended Order of Respondent, Pompano Imports, Inc. filed.
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Mar. 16, 2009 |
BMW of North America, LLC and Holman Automotive, Inc.`s Proposed Recommended Order filed.
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Feb. 23, 2009 |
Order Granting Extension of Time (Proposed Recommended Orders to be filed by March 16, 2009).
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Feb. 20, 2009 |
Motion to Extend Deadline for Filing Proposed Recommended Orders filed.
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Feb. 04, 2009 |
Order Granting Motion to Enlarge Page Limit for Proposed Recommended Orders.
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Feb. 04, 2009 |
Petitioner`s Motion to Enlarge Page Limit for Proposed Recommended Orders filed.
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Jan. 07, 2009 |
Letter to Judge Lerner from M. Allaman enclosing updated copies of Petitioner`s Exhibit Books filed.
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Jan. 06, 2009 |
Order Correcting Record.
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Jan. 05, 2009 |
Petitioner`s Motion to Correct the Record of Final Hearing filed.
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Jan. 05, 2009 |
Notice of Appearance (filed by J. Bertron)
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Dec. 31, 2008 |
Transcript of Proceedings (Volumes I-XX) filed. |
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Dec. 18, 2008 |
Respondent`s Exhibit Book (exhibits not available for viewing) filed.
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Dec. 18, 2008 |
Letter to Judge Lerner from J. Forehand enclosing updated copy of Respondent`s Exhibit Book filed.
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Dec. 17, 2008 |
CASE STATUS: Hearing Held. |
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Dec. 15, 2008 |
Order Re-scheduling Hearing (hearing set for December 17 and 18, 2008; 9:00 a.m.; Tallahassee, FL).
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Dec. 12, 2008 |
Motion to Reschedule Continuation of Final Hearing filed.
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Nov. 07, 2008 |
Notice of Continuation of Final Hearing.
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Nov. 07, 2008 |
CASE STATUS: Hearing Partially Held; continued to December 16, 2008; 9:00 a.m.; Tallahassee, FL. |
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Oct. 31, 2008 |
CASE STATUS: Hearing Partially Held; continued to November 3, 2008; 9:00 a.m.; Tallahassee, FL. |
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Oct. 24, 2008 |
Notice of Filing, (Revised) Pompano Imports, Inc. Exhibit List filed.
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Oct. 21, 2008 |
Response and Objections of BMW of North America, LLC to Respondent`s Second Set of Interrogatories filed.
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Oct. 21, 2008 |
Notice of Serving Response and Objections of BMW of North America, LLC to Respondent`s Second Set of Interrogatories filed.
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Oct. 21, 2008 |
Petitioner BMW of North America, LLC`s Responses and Objections to Respondent`s Second Request for Production of Documents filed.
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Oct. 20, 2008 |
Joinder in Pre-hearing Stipulation filed.
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Oct. 20, 2008 |
Pre-hearing Stipulation.
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Oct. 17, 2008 |
Order Concerning Exhibits.
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Oct. 16, 2008 |
Amended Notice of Telephonic Deposition Duces Tecum filed.
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Oct. 15, 2008 |
Amended Notice of Hearing (hearing set for October 27 through 31, November 3 through 7 and December 15 through 19, 2008; 9:00 a.m.; Tallahassee, FL; amended as to Dates of Hearing).
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Oct. 15, 2008 |
Notice of Appearance on Behalf of Pompano Imports, Inc. (Barry Richard and John K. Londot).
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Oct. 14, 2008 |
Letter to Judge Lerner from M. Fletcher Allaman requesting a third week of hearing filed.
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Oct. 13, 2008 |
Notice of Deposition Duces Tecum filed.
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Oct. 02, 2008 |
CASE STATUS: Pre-Hearing Conference Held. |
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Sep. 30, 2008 |
Notice of Deposition filed.
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Sep. 25, 2008 |
Notice of Videotaped Deposition Duces Tecum filed.
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Sep. 22, 2008 |
Notice of Appearance (J. Bertron) filed.
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Sep. 18, 2008 |
Notice of Deposition by Video Conference filed.
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Sep. 15, 2008 |
Respondent`s Second Requests for Production to Petitioner, BMW of North America, LLC filed.
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Sep. 15, 2008 |
Notice of Service of Second Set of Interrogatories to BMW of North America, LLC filed.
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Sep. 10, 2008 |
Notice of Deposition Duces Tecum filed.
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Sep. 09, 2008 |
Notice of Deposition filed.
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Sep. 05, 2008 |
Order on BMW of North America LLC`s Motion to Compel Witness Charles Dascal to Appear for Deposition.
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Sep. 05, 2008 |
CASE STATUS: Motion Hearing Held. |
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Sep. 04, 2008 |
Response to Amended Motion to Compel filed.
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Sep. 03, 2008 |
Amended Motion to Compel Witness Charles Dascal to Appear for Deposition filed.
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Aug. 29, 2008 |
Motion to Compel Witness Charles Dascal to Appear for Deposition filed.
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Aug. 22, 2008 |
Second Amended Notice of Deposition (changed to telephonic deposition and location change) filed.
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Aug. 22, 2008 |
Amended Notice of Deposition (changed to telephonic deposition) filed.
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Aug. 21, 2008 |
Second Amended Notice of Videotaped Deposition (of C. Dascal) filed.
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Aug. 18, 2008 |
Return of Service (2) filed.
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Aug. 08, 2008 |
Notice of Depositions filed.
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Aug. 07, 2008 |
Amended Notice of Videotaped Deposition (of C. Dascal) filed.
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Jul. 15, 2008 |
Notice of Deposition (of M. Rogers) filed.
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Jul. 15, 2008 |
Notice of Deposition (of J. McDowell) filed.
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Jul. 15, 2008 |
Amended Notice of Deposition (as to location only) filed.
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Jul. 10, 2008 |
Notice of Depositions (of C. Dascal and J. Chariff) filed.
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Jul. 10, 2008 |
Notice of Deposition (of J. Roesner) filed.
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Jul. 10, 2008 |
Notice of Depositions (of M. Perrault, J. Miller, A. Dicce and J. Benemerito) filed.
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Jul. 02, 2008 |
Notice of Deposition (of D. Villani, G. Gardner and B. Stoeckel) filed.
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Jul. 02, 2008 |
Notice of Deposition (of D. Creed and P. Suomala) filed.
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Jul. 02, 2008 |
Notice of Deposition (of J. Holman, G. Baldwin, B. Goodheart and H. Mosher) filed.
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Jun. 23, 2008 |
Notice of Filing; Deposition of J. A. Anderson filed.
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Jun. 20, 2008 |
Notice of Deposition by Video Conference filed.
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Jun. 10, 2008 |
Respondent`s Objections and Responses to Second Requests for Production (Vista Motor Company) filed.
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Jun. 10, 2008 |
Respondent`s Objections and Responses to Second Requests for Production (Vista Mini) filed.
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Jun. 02, 2008 |
Notice of Deposition filed.
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May 16, 2008 |
Petitioner BMW of North America, LLC`s Second Request for Production of Documents (Pompano Imports, Inc., d/b/a Vista Mini) filed.
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May 16, 2008 |
Petitioner BMW of North America, LLC`s Second Request for Production of Documents (Pompano Imports, Inc., d/b/a Vista Motor Company) filed.
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May 13, 2008 |
Respondent`s Objections and Responses to First Requests for Production (Vista Motor Company) filed.
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May 13, 2008 |
Respondent`s Objections and Responses to First Requests for Production (Vista Mini) filed.
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May 13, 2008 |
Respondent`s Notice of Service of Answers to First Set of Interrogatories from BMW of North America, LLC (Vista Motor Company) filed.
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May 12, 2008 |
Respondent`s Notice of Service of Answers to First Set of Interrogatories from BMW of North America, LLC (Vista Mini) filed.
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May 09, 2008 |
Joint Motion to Establish Schedule for Expert Discovery filed.
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May 08, 2008 |
Order Granting Joint Motion to Establish Schedule for Expert Discovery.
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Apr. 30, 2008 |
Order on Joint Motion for Entry of Protective Order.
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Apr. 29, 2008 |
Holman Automotive, Inc.`s Notice of Service of Answer to Respondent`s First Set of Interrogatories filed.
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Apr. 29, 2008 |
Petitioner BMW of North America, LLC`s Responses and Objections to Respondent`s First Request for Production of Documents (filed in Case No. 08-1161).
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Apr. 29, 2008 |
Petitioner BMW of North America, LLC`s Responses and Objections to Respondent`s First Request for Production of Documents filed.
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Apr. 29, 2008 |
Holman Automative Inc.`s Respone and Objections to Respondent`s First Requests for Production filed.
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Apr. 29, 2008 |
Notice of Serving Response and Objections of BMW of North America, LLC to Respondent`s First Set of Interrogatories (filed in Case No. 08-1161).
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Apr. 29, 2008 |
Notice of Serving Response and Objections of BMW of North America, LLC to Respondent`s First Set of Interrogatories filed.
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Apr. 29, 2008 |
Joint Motion for Entry of Protective Order filed.
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Apr. 29, 2008 |
Order Concerning the Representation of Holman Automotive, Inc..
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Apr. 28, 2008 |
Affidavit of Kathy Mullin filed.
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Apr. 28, 2008 |
Request for Entry of Appearance as Qualified Representative filed.
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Apr. 14, 2008 |
Petitioner BMW of North America, LLC`s First Request for Production of Documents (Pompano Imports, Inc., d/b/a Vista Mini) filed.
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Apr. 14, 2008 |
Petitioner`s Notice of Service of Interrogatories to Pompano Imports, Inc., d/b/a Vista Mini filed.
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Apr. 14, 2008 |
Petitioner`s Notice of Service of Interrogatories to Pompano Imports, Inc., d/b/a Vista Motor Company filed.
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Apr. 14, 2008 |
Petitioner BMW of North America, LLC`s First Request for Production of Documents (Pompano Imports, Inc., d/b/a Vista Motor Company) filed.
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Mar. 25, 2008 |
Notice of Service of Interrogatories to BMW of North America, LLC (Vista Motor Company) filed.
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Mar. 25, 2008 |
Respondent`s First Requests for Production to Petitioner BMW of North America, LLC filed.
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Mar. 25, 2008 |
Respondent`s First Requests for Production to Petitioner, Holman Automotive, Inc filed.
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Mar. 25, 2008 |
Respondent`s First Request for Production to Petitioner, BMW of North America, LLC (Vista MINI) filed.
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Mar. 25, 2008 |
Notice of Service of Interrogatories to Holman Automotive, Inc. filed.
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Mar. 25, 2008 |
Notice of Service of Interrogatories to BMW of North America, LLC (Vista MINI) filed.
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Mar. 20, 2008 |
Order of Pre-hearing Instructions.
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Mar. 20, 2008 |
Notice of Hearing (hearing set for October 27 through 31 and November 3 through 7, 2008; 9:00 a.m.; Tallahassee, FL).
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Mar. 20, 2008 |
Order of Consolidation (DOAH Case Nos. 08-1160, 08-1161, 08-1295, 08-1296 and 08-1321).
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Mar. 17, 2008 |
Joint Response to Initial Orders filed.
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Mar. 17, 2008 |
Notice of Appearance (filed by D. Bunch).
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Mar. 17, 2008 |
Notice of Appearance (filed by M. Allaman).
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Mar. 10, 2008 |
Initial Order.
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Mar. 07, 2008 |
Notice of Publication for the Relocation of a Franchise Motor Vehicle Dealer filed.
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Mar. 07, 2008 |
Petition or Complaint Protesting Relocation of Dealership filed.
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Mar. 07, 2008 |
Agency referral filed.
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Orders for Case No: 08-001160
| Issue Date |
Document |
Summary |
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Jun. 18, 2009 |
Agency Final Order
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|
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Apr. 27, 2009 |
Recommended Order
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Recommended that approval of proposed dealership relocations be denied where licensee failed to meet its burden of showing inadequate representation in the relevant "communities" or "territories."
|
