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GENERAL MOTORS, LLC AND BCSS, LTD vs SHEEHAN BUICK PONTIAC GMC, INC., 10-000525 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000525 Visitors: 20
Petitioner: GENERAL MOTORS, LLC AND BCSS, LTD
Respondent: SHEEHAN BUICK PONTIAC GMC, INC.
Judges: JOHN D. C. NEWTON, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Feb. 03, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 3, 2010.

Latest Update: Oct. 26, 2010
10000524AFO

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 10-524, 10-525

DMV CASE NO.: 10-347, 10-348 FINAL ORDER#: HSMV-10- /2,2tf-S-DMV


GENERAL MOTORS LLC AND BCSS, LTD,


Petitioners,


vs.


SHEEHAN BUICK PONTIAC GMC, INC.,


Respondent.

'

FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of a Notice Of Withdrawal Of Notice Of Establishment and Motion To Dismiss, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Notice Of Withdrawal Of Notice Of Establishment and Motion To Dismiss as its Final Order in this matter .

Accordingly, it is hereby


ORDERED that this case is CLOSED and no license will be issued to General Motors LLC and BCSS, Ltd for the sale and service of automobiles of the line makes GMC and Buick (BUIC) at 5500 North State Road 7, Coconut Creek (Broward County), Florida 33073.


Filed October 26, 2010 4:53 PM Division of Administrative Hearings.


DONE AND ORDERED this ;?s'iof October, 2010, in Tallahassee, Leon County, Florida.


arl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

Filed with the Clerk of the Divis&ohMotor Vehicles

?1ot·.. U:1-k

this :I' day of October, 2010.


Nalini Vinayak, Dealerioense AdmlnistratOr

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.

CAF/vlg

Copies furnished:


Robert C. Byerts, Esquire Bass Sox Mercer

Post Office Box 14497 Tallahassee, Florida 32317


J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312


2


Alex Kurkin, Esquire

Kurkin Forehand Brandes, LLP 4300 Biscayne Boulevard, Suite 305

Miami, Florida 33137


John D. C. Newton II Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Nalini Vinayak

Dealer License Administrator


3


Docket for Case No: 10-000525
Issue Date Proceedings
Oct. 26, 2010 General Motors LLC's Notice of Withdrawal of Notice of Establishment and Motion to Dismiss filed.
Oct. 26, 2010 (Agency) Final Order filed.
Aug. 03, 2010 Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Aug. 02, 2010 Joint Motion to Relinquish Jurisdiction filed.
Jul. 29, 2010 Order Re-scheduling Pre-hearing Conference.
May 20, 2010 Notice of Pre-hearing Conference.
May 20, 2010 Amended Order of Pre-hearing Instructions.
May 17, 2010 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 01, 2010 Undeliverable envelope returned from the Post Office.
Feb. 18, 2010 Notice of Appearance (filed in Case No. 10-000525).
Feb. 18, 2010 Notice of Appearance filed.
Feb. 16, 2010 Order of Pre-hearing Instructions.
Feb. 16, 2010 Notice of Hearing (hearing set for September 8 through 10, 13 through 17, 20, and 21, 2010; 9:00 a.m.; Tallahassee, FL).
Feb. 16, 2010 Order of Consolidation (DOAH Case Nos. 10-0524, 10-0525).
Feb. 15, 2010 CASE STATUS: Pre-Hearing Conference Held.
Feb. 12, 2010 Joint Response to Initial Order filed.
Feb. 12, 2010 Notice of Appearance filed.
Feb. 09, 2010 Notice of Appearance filed.
Feb. 04, 2010 Initial Order.
Feb. 03, 2010 Florida Administrative Weekly filed.
Feb. 03, 2010 Petition or Complaint Protesting Proposed Establishment of Buick Automobile Franchise filed.
Feb. 03, 2010 Agency referral filed.

Orders for Case No: 10-000525
Issue Date Document Summary
Oct. 25, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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