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PALMETTO FORD TRUCK SALES, INC., D/B/A PALMETTO TRUCK CENTER vs STERLING TRUCK CORPORATION, 09-000861 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000861 Visitors: 18
Petitioner: PALMETTO FORD TRUCK SALES, INC., D/B/A PALMETTO TRUCK CENTER
Respondent: STERLING TRUCK CORPORATION
Judges: STUART M. LERNER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Feb. 16, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 12, 2010.

Latest Update: Dec. 03, 2010
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO’s.: 09-0861, 09-0862, 09-0863 DMV CASE NO’s.: 09-201, 09-200, 09-202 FINAL ORDER #: HSMV-09-516-FOF-DMV PALMETTO FORD TRUCK SALES, INC., d/b/a PALMETTO TRUCK CENTER, Petitioner, vs. STERLING TRUCK CORPORATION, Respondents. ATLANTIC FORD TRUCK SALES, INC., d/b/a ATLANTIC TRUCK CENTER, Petitioner, vs. STERLING TRUCK CORPORATION Respondent. ASBELL TRUCK CENTER, INC., Petitioner, vs. STERLING TRUCK CORPORATION Respondent. FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of a Recommended Order of Dismissal by Stuart M. Lerner, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order'. The Department hereby adopts the Recommended Order as its Final Order in this matter, Accordingly, it is ORDERED and ADJUDGED that Petitioner's, Palmetto Ford Truck Sales, Inc., complaint is DISMISSED. DONE AND ORDERED this b “ day of August, 2009, in Tallahassee, Leon County, / Carl. A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Florida. Filed with the Clerk of the Division of Motor Vehicles this Tah day of , 2009. NOTICE OF APPEAL RIGHTS Zi. bins Lu: 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. Petitioners filed exceptions which are ruled on in the appendix to this order. Copies furnished: A. Edward Quinton, Il, Esquire Adams, Quinton & Paretti, P.A. Brickell Bayview Center 80 SW 8" Street, Suite 2150 Miami, Florida 33130 Dean Bunch, Esq. Nelson, Mullins, Riley & Scarborough LLP 3600 Maclay Blvd., South, Suite 202 Tallahassee, Florida 32309 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 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

Docket for Case No: 09-000861
Issue Date Proceedings
Dec. 03, 2010 Agency Final Order filed.
Oct. 12, 2010 Order Closing File. CASE CLOSED.
Oct. 06, 2010 Notice of Voluntary Dismissal with Prejudice filed.
Oct. 05, 2010 Order of Bifurcation.
Oct. 04, 2010 Notice of Voluntary Dismissal (filed in Case No. 09-000863).
Sep. 16, 2010 Joint Motion for Extension of Time filed.
Sep. 03, 2010 Order Granting Additional Extension of Time.
Sep. 03, 2010 Amended Order of Bifurcation.
Sep. 03, 2010 Order of Bifurcation.
Sep. 02, 2010 Joint Motion for Extension of Time filed.
Sep. 02, 2010 Notice of Voluntary Dismissal (filed in Case No. 09-000862).
Aug. 19, 2010 Order Granting Extension of Time.
Aug. 18, 2010 Joint Status Report filed.
Jul. 27, 2010 Order Granting Extension of Time.
Jul. 27, 2010 Joint Motion for Extension of Time filed.
Jul. 16, 2010 Order Reopening Files and Requiring Status Report.
Jul. 16, 2010 Opinion filed.
Jul. 16, 2010 Mandate filed.
Jul. 16, 2010 Agency referral filed.
Aug. 11, 2009 Final Order filed.
Aug. 11, 2009 Appendix to Final Order Ruling on Exceptions to Recommended Order of Dismissal filed.
Mar. 16, 2009 Order Relinquishing Jurisdiction for Entry of Final Orders of Dismissal. CASE CLOSED.
Mar. 16, 2009 Sterling Truck Corporation`s Second Notice of Filing Supplemental Authority filed.
Mar. 13, 2009 Sterling Truck Corporation`s Notice of Filing Supplemental Authority filed.
Mar. 12, 2009 CASE STATUS: Motion Hearing Held.
Mar. 12, 2009 Notice of Filing, Affidavit of M. Osborne filed.
Mar. 10, 2009 Sterling Truck Corporation`s Reply in Support of Motion to Dismiss filed.
Mar. 09, 2009 Petitioners` Response to Respondent Sterling Truck Corporation`s Motions to Dismiss filed.
Mar. 06, 2009 Order of Pre-hearing Instructions.
Mar. 06, 2009 Notice of Hearing (hearing set for April 30 and May 1, 2009; 9:00 a.m.; Tallahassee, FL).
Mar. 03, 2009 Order Granting Extension of Time (responses to the Motion to Dismiss to be filed by ).
Mar. 02, 2009 Motion for Extension filed.
Feb. 25, 2009 Order of Consolidation (DOAH Case Nos. 09-0861, 09-0862, and 09-0863).
Feb. 24, 2009 Joint Response to Initial Order and Request for Consolidation filed.
Feb. 24, 2009 Notice of Appearance (filed by C. Boyd).
Feb. 23, 2009 Order Granting Extension of Time (response to Respondent`s Motion to Dismiss to be filed by March 2, 2009).
Feb. 20, 2009 Motion for Extension filed.
Feb. 17, 2009 Initial Order.
Feb. 16, 2009 Respondent Sterling Truck Corporation Motion to Dismiss filed.
Feb. 16, 2009 Order Granting Motion for Extension of Time filed.
Feb. 16, 2009 Respondent`s Motion for Extension of Time filed.
Feb. 16, 2009 Discontinuation of Product Lines filed.
Feb. 16, 2009 Complaint filed.
Feb. 16, 2009 Agency referral
Feb. 13, 2009 Complaint filed.

Orders for Case No: 09-000861
Issue Date Document Summary
Dec. 02, 2010 Agency Final Order
Jun. 09, 2010 Mandate
Jun. 09, 2010 Opinion
Aug. 06, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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