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COPANS MOTORS, INC., D/B/A CHAMPION PORSCHE vs PORSCHE CARS NORTH AMERICA, INC., 14-000541 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-000541 Visitors: 6
Petitioner: COPANS MOTORS, INC., D/B/A CHAMPION PORSCHE
Respondent: PORSCHE CARS NORTH AMERICA, INC.
Judges: MARY LI CREASY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Feb. 04, 2014
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, June 27, 2014.

Latest Update: Jan. 15, 2015
14000541_282_01152015_09384896_e

STATE OF FLORIDA

DEPARTME T OF HIGHWAY SAFETY A D MOTOR VEHICLE


DOAH CASE NO.: 14-0541 M CASE NO.: 14-272

FINAL ORDER#: HSMY-15- t/ -S-MS


COPANS MOTORS, INC. D/B/A CHAMPION PORSCHE,


Petitioners,


v .


PORSCHE CARS NORTH AMERICA, I C.,


Respondents.

                                                                    I


FINAL ORDER


This matter came before the D partment for entry of a Final Order pursuant to an Order Closing File and Relinquishing Jurisdiction by the Honorable Mary Li Creasy, Administrative Law Judge of the Division of Admini trative Hearings entered on June 27 2014. The Order direct d the Department to place the instant case in abeyance until federal court litigation

betw en the parties in Copans Motors. lnc. v. Porsche Cars North America. Inc.. Case No. 0:14- 60413-ci v-Hurley /Hop kins in the United States District Court for the Southern District of Florida was resolved.

FINDING OF FACTS


  1. The Department entered an Order Abating Action on July 7 2014.


  1. Copans Motors, Inc. d/ b/a Champion Porsche, Petitioners and Porsche Cars orth Amer ica , Inc. Respondents have settled th i sues involving Case o. 0:14-60413-civ­

    Hurley /Hopki ns in the United States District Court for the Southern District of Florida.


    Filed January 15, 2015 9:38 AM Division of Administrative Hearings

  2. Petitioner, Copans Motors, Inc. d/b/a Champion Porsche, filed a Notice of Voluntary Dismissal on January 9, 2015.

  3. The Department received Petitioner's Notice of Volunta ry Dismissal on or about January 12, 2015.

Accordingly, it is hereby


ORDERED and ADJUDGED that


  1. Petitioner's Complaint and Petition Protesting Termination of Dealer Agreement and Request for Determinat ion of Unfair Discontinuation is DISMISSED.

  2. The insta nt case is CLOSED.

/

DONE AND ORDERED this day of January, 2015, in Ta llahassee, Leon County,

Florida.


                         h          Bureau ofissuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles

Neil Kirkman Building , Room A338 Tallahassee, Florida 32399


Filed with the Clerk of the Oivisio!Y)f Motorist Services

this /5 dayofJanuary,2015.


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.

JB/wev

Copies furnished:


Edward Quinton, Esquire Quinton & Paretti, P.A. Brickell Bayview Center

80 Southwest 8th Street, Suite 2150

Miami, Florida 33130 eguinton@adamsguinton.com


Owen H. Smith, Esquire Barack Ferrazzano Kirschbaum and Nagelbert, LLP

200 West Madison Street, Suite 3900

Chicago, Illinois 60606 owen.smith@btkn.com


Audra A. Dial, Esquire

Kilpatrick, Townsend and Stockton, LLP 1100 Peachtree Street, Suite 2800

Atlanta, Georgia 30309


The Honorable Mary Li Creasy 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: 14-000541
Issue Date Proceedings
Jan. 15, 2015 Notice of Voluntary Dismissal filed.
Jan. 15, 2015 Agency Final Order filed.
Jul. 15, 2014 Order Abating Action filed.
Jun. 27, 2014 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Jun. 26, 2014 CASE STATUS: Status Conference Held.
Jun. 24, 2014 Joint Status Report filed.
Mar. 24, 2014 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by June 24, 2014).
Mar. 21, 2014 Porsche Cars North America, Inc.'s Opposition and Cross-Motion to Stay This Proceeding for 90 Days filed.
Mar. 13, 2014 (Petitioner's) Notice of Filing (exhibits to motion to stay and/or abate and relinquish jurisdiction to the Department) filed.
Mar. 13, 2014 (Petitioner's) Motion to Stay and/or Abate and Relinquish Jurisdiction to the Department filed.
Feb. 18, 2014 Order of Pre-hearing Instructions.
Feb. 18, 2014 Notice of Hearing (hearing set for August 4 through 8 and 11 through 15, 2014; 9:00 a.m.; Tallahassee, FL).
Feb. 18, 2014 CASE STATUS: Pre-Hearing Conference Held.
Feb. 14, 2014 Joint Response to Amended Initial Order filed.
Feb. 14, 2014 Order Accepting Qualified Representatives.
Feb. 13, 2014 Porsche Cars North America, Inc.'s Request that James R. Vogler, Owen H. Smith, and Vito S. Solitro be Approved as its Qualified Representatives filed.
Feb. 13, 2014 Notice of Appearance (James Vogler) filed.
Feb. 07, 2014 Amended Initial Order.
Feb. 06, 2014 (Amended) Complaint and Petition Protesting Termination of Dealer Agreement and Requesting Determination of Unfair Discontinuation filed.
Feb. 06, 2014 (Amended) Agency Referral filed.
Feb. 05, 2014 Initial Order.
Feb. 04, 2014 Agency action letter filed.
Feb. 04, 2014 Complaint and Petition Protesting Termination of Dealer Agreement and Requesting Determination of Unfair Discontinuation filed.
Feb. 04, 2014 Agency referral filed.

Orders for Case No: 14-000541
Issue Date Document Summary
Jan. 15, 2015 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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