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GENERAL MOTORS, LLC vs STINGRAY CHEVROLET, LLC, 10-001900 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001900 Visitors: 19
Petitioner: GENERAL MOTORS, LLC
Respondent: STINGRAY CHEVROLET, LLC
Judges: JEFF B. CLARK
Agency: Department of Highway Safety and Motor Vehicles
Locations: Lakeland, Florida
Filed: Apr. 13, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 23, 2010.

Latest Update: Jun. 30, 2010
10001900 AFO

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 10-1900 DMV CASE NO.: 10-610

FINAL ORDER NO.: HSMV-10- Q83 -S-DMV


GENERAL MOTORS LLC,


Petitioner,


And


REGAL PONTIAC d./b/a REGAL CHEVROLET


Intervenor, vs.

STINGRAY CHEVROLET LLC,


Respondent.

                                                                               .!


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Jeff B. Clark, 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 Order Closing File as its Final Order in this matter. Said Order Closing File was predicated upon Respondent's Notice of Voluntary Dismissal.

Accordingly, it is hereby


ORDERED and ADJUDGED that Intervenor, Regal Pontiac, Inc. d/b/a Regal Chevrolet, be granted a license for the sale and service of the Chevrolet (CHEV) linemake at 925 Highway

98 South, Lakeland (Polk County), Florida 33801 upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules.


Filed June 30, 2010 8:00 AM Division of Administrative Hearings.


DONE AND ORDERED this 2$i,of June, 2010, in Tallahassee, Leon County, Florida.


LA. 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 Division of Motor Vehicles this day of June, 2010.

       ... U- Jc

Nahn, V,nayak, Dea:1icense Administrator


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:


J. Andrew Bertran, Esquire

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

Tallahassee, Florida 32312

John W. Forehand, Esquire Kurkin Forehand Brandes, LLP

800 North Calhoun Street, Suite lB Tallahassee, Florida 32303


Robert C. Byerts, Esquire Bass, Sox & Mercer

2822 Remington Green Circle Tallahassee, Florida 32308


Jeff B. Clark Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602


Nalini Vinayak

Dealer License Section


Docket for Case No: 10-001900
Issue Date Proceedings
Jun. 30, 2010 Agency Final Order filed.
Jun. 23, 2010 Order Closing File. CASE CLOSED.
Jun. 21, 2010 Notice of Voluntary Dismissal filed.
Jun. 09, 2010 Amended Notice of Telephonic Motion Hearing (motion hearing set for June 23, 2010; 9:30 a.m.).
Jun. 04, 2010 Notice of Telephonic Motion Hearing (motion hearing set for June 8, 2010; 2:30 p.m.).
May 18, 2010 Request for Hearing filed.
May 17, 2010 Stingray Chevrolet Response to Motion to Reconsider filed.
May 14, 2010 Order Granting Petition to Intervene.
May 10, 2010 Motion to Reconsider and Lift Abeyance filed.
May 10, 2010 Motion to Reconsider filed.
May 07, 2010 Notice of Official Recognition and Order of Abeyance (parties to advise status by August 2, 2010).
May 03, 2010 Notice and Certificate of Serving Discovery filed.
Apr. 26, 2010 Petitioner's Notice and Certificate of Serving Discovery filed.
Apr. 20, 2010 Response to Motion to Intervene filed.
Apr. 20, 2010 Joint Response to Initial Order filed.
Apr. 19, 2010 Motion to Intervene (of Regal Pontiac, Inc., d/b/a Regal Chevrolet) filed.
Apr. 19, 2010 Notice of Appearance (of J. Forehand) filed.
Apr. 13, 2010 Initial Order.
Apr. 13, 2010 Stingray Chevrolet Reponse to General Motors Motion to Dismiss filed.
Apr. 13, 2010 Motion to Dismiss Petition and in the Alternative for Informal Hearing filed.
Apr. 13, 2010 Request for Agency to Retain Jurisdiction filed.
Apr. 13, 2010 Agency action letter filed.
Apr. 13, 2010 Agency referral filed.

Orders for Case No: 10-001900
Issue Date Document Summary
Jun. 28, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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