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GENERAL MOTORS, LLC AND SHEEHAN BUICK PONTIAC GMC, INC. vs MAROONE CHEVROLET FT. LAUDERDALE, INC., 10-008967 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-008967 Visitors: 12
Petitioner: GENERAL MOTORS, LLC AND SHEEHAN BUICK PONTIAC GMC, INC.
Respondent: MAROONE CHEVROLET FT. LAUDERDALE, INC.
Judges: EDWARD T. BAUER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 10, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 22, 2010.

Latest Update: Dec. 03, 2010
10008967 AFO


STATE OF FLORIDA

DEPARTMENT OF IDGHWAY SAFETY AND MOTOR VEIDCLES


DOAH CASE NO.: 10-8967, 10-8968

DMV CASE NO.: 10-1284, 10-1283 FINAL ORDER#: HSMV-10- / -S-DMV


GENERAL MOTORS LLC AND SHEEHAN BUICK PONTIAC GMC, INC.,


Petitioners,


vs.


MAROONECHEVROLETFORT LAUDERDALE, INC.,


Respondent.

                                                                                            ,!


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Edward T. Bauer, Administrative Law Judge of the Division of Administrative Hearings, pursuant to the Petitioner's 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 Order Closing File 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 Sheehan Buick GMC, Inc. for the sale and service of automobiles of the line make Chevrolet (CHEV) at 2800 North Federal Highway, Lighthouse Point (Broward County), Florida 33064.


Filed December 3, 2010 4:42 PM Division of Administrative Hearings



DONE AND ORDERED this

")A/

day of December, 2010, in Tallahassee, Leon


County, Florida.

c. 2

Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

Filed with the Clerk of the Divis :Motor Vehicles

?1,J,·.; v!       

this day of December, 2010.

Nalini Vinayak, Dealer Admlniffalor


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


J. Thomas Sheehan

Sheehan Buick Pontiac GMC, Inc. 2800 North Federal Highway Lighthouse Point, Florida 33064


Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP

800 North Calhoun Street, Suite lB Tallahassee, Florida 32303


Edward T. Bauer Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Nalini Vinayak

Dealer License Administrator


Docket for Case No: 10-008967
Issue Date Proceedings
Dec. 03, 2010 Agency Final Order filed.
Nov. 22, 2010 Order Closing Files. CASE CLOSED.
Nov. 18, 2010 General Motors LLC's Notice of Withdrawal of Notice of Establishment and Motion to Dismiss (with attachment; filed in Case No. 10-008968).
Nov. 18, 2010 General Motors LLC's Notice of Withdrawal of Notice of Establishment and Motion to Dismiss (no attachment) filed.
Oct. 29, 2010 Undeliverable envelope returned from the Post Office.
Oct. 06, 2010 Notice of Serving Interrogatories to Petitioner, General Motors LLC filed.
Oct. 06, 2010 Notice of Serving Interrogatiories to Petitioner, Sheehan Buick GMC, Inc filed.
Oct. 06, 2010 Notice of Appearance (of R. Spickard) filed.
Sep. 24, 2010 Order of Pre-hearing Instructions.
Sep. 24, 2010 Notice of Hearing (hearing set for April 25 through 29 and May 2 through 6, 2011; 9:00 a.m.; Tallahassee, FL).
Sep. 23, 2010 Order of Consolidation (DOAH Case Nos. 10-8967 and 10-8968).
Sep. 17, 2010 Joint Response to Initial Order filed.
Sep. 17, 2010 Notice of Appearance (of J. Bertron) filed.
Sep. 15, 2010 Notice of Appearance (filed by R. Byerts, R. Sox, J. Allen).
Sep. 10, 2010 Initial Order.
Sep. 10, 2010 Agency referral filed.
Sep. 10, 2010 Petition or Complaint Protesting Establishment of Dealership filed.
Sep. 10, 2010 Agency action letter filed.

Orders for Case No: 10-008967
Issue Date Document Summary
Dec. 02, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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