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NORTH FLORIDA CYCLES, LLC, D/B/A FIRST COAST YAMAHA vs YAMAHA MOTOR CORPORATION U.S.A., 16-000986 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-000986 Visitors: 15
Petitioner: NORTH FLORIDA CYCLES, LLC, D/B/A FIRST COAST YAMAHA
Respondent: YAMAHA MOTOR CORPORATION U.S.A.
Judges: G. W. CHISENHALL
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Feb. 18, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 2, 2016.

Latest Update: Jun. 16, 2016
16000986_282_06162016_14335691_e

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 16-0986 MS CASE NO.: 16-464

FINAL ORDER NO. : HSMV -16-772-S-MS


NORTH FLORIDA CYCLES, LLC d/b/a FIRST COAST YAMAHA,


Petitioner,

vs.


YAMAHA MOTOR CORPORATION U.S.A.,


Respondent.

- - - - - - - - - - - - - - - - - I

FINAL ORDER


This matter came before the Depaitment for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by G.W. Chisenhall Administrative Law Judge of the Division of Administrative Heari ngs, pursuant to Petitioner's Notice of Voluntary Dismissal, a copy of which is attached and incorporated by reference in this order. The Depaitment hereby adopts the Order Closing File as its Final Order in this matter.

Accord in gly, it is hereby


ORDERED and ADJUDGED that this case is DISMISSED.

DONE AND ORDERED this 'js day of June, 2016, in Tallahassee, Leon County , Florida.

Ju l ie W. Gentry, Chi Bureau of Dealer Services

Division of Motorist Services

Department of Highway Safety and Motor Vehicles Nei l Kirkman Buil ding, Room B372

Tallahassee, Florida 32399


Filed June 16, 2016 2:33 PM Division of Administrative Hearings

Filed in the official records of the Division of Motorist Services

this 8'+ day of Jun e. 20 I 6.


NOTICE OF APPEAL RIGHTS


Judicial review of thi s ord er may be had purs uant to sectio n 1 20.68 , Florida Statutes, in the District Court of Appeal for the First Dis trict, State of Florida , or in any other district court of appeal of this stat e in an appel la te distric t where a party resides. In order to initi ate such review , one copy of the notice of appea l must be fi le d with the Department and the other copy of the notice of appea l, tog ether with the filing fee, must be filed with the co urt within thirty days of the fili ng date of this order as set out above, purs uant to Rule s of Appe lla te Procedure.


JG/wev


Copies furnished :


Mark Allen

N011h Florida Cycles , LLC

1860 North Ponce de Leon Bouleva rd St. Augustine , Florida 32084


Steve Liberatore

Yamaha Motor Corporation, USA

1270 Chastain Road

Kennesaw, Georgia 30144


J. Andrew Bertron, Esquire

Ne lso n, Mullins, Riley & Scar borough, LLP 3600 Maclay Bou levard South, Suite 202 Tallahassee , Florida 32312

andy.bertron@nelson mulIins.co m

R. Craig Spickard, Esquire Kurkin Brandes, LLP

105 West 5th Avenue Tallahassee, Florida 32303 cspickard@kb-attorneys.com


The Honorable G.W. Chisenhall Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399


Lance Ball

Dealer License Section


Docket for Case No: 16-000986
Issue Date Proceedings
Jun. 16, 2016 Agency Final Order filed.
May 02, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 29, 2016 Notice of Voluntary Dismissal filed.
Apr. 27, 2016 Petitioner's Response in Opposition to Respondent's Motion in Limine filed.
Apr. 22, 2016 Yahama Motor Corporation, U.S.A.'s Notice of Taking Deposition Duces Tecum (of Corporate Representative of NextGear Capital) filed.
Apr. 20, 2016 Order Requiring Response.
Apr. 19, 2016 Respondent's Motion in Limine filed.
Apr. 18, 2016 Joint Response to Order Requiring Dates of Availability filed.
Apr. 13, 2016 Notice of Appearance (Robert Spickard) filed.
Apr. 13, 2016 Order Requiring Dates of Availability.
Apr. 12, 2016 CASE STATUS: Pre-Hearing Conference Held.
Apr. 05, 2016 Notice of Ex-parte Communication.
Apr. 05, 2016 Notice of Telephonic Pre-hearing Conference (set for April 12, 2016; 10:30 a.m.).
Apr. 05, 2016 Order Establishing Discovery Response Deadline.
Apr. 05, 2016 Notice of Taking Depositions Duces Tecum (of Lee Houston, Corporate Representative of SAP2, LLC, Corporate Representative of St. Augustine Powersports, LLC, and Jamie Mickle) filed.
Apr. 01, 2016 CASE STATUS: Pre-Hearing Conference Held.
Apr. 01, 2016 Second Amended Notice of Taking Depositions Duces Tecum (Mark Allen and Corporate Representative of North Florida Cycles LLC) filed.
Apr. 01, 2016 Amended Notice of Taking Depositions Duces Tecum (of Mark Allen and Corporate Representative of North Florida Cycles LLC) filed.
Mar. 29, 2016 Notice of Taking Depositions Duces Tecum (of Mark Allen and Corporate Representative of North Florida Cycles, LLC) filed.
Mar. 29, 2016 Notice of Telephonic Pre-hearing Conference (set for April 1, 2016; 8:45 a.m.).
Mar. 28, 2016 Letter from Mark Allen in response to the Order Cancelling Hearing filed.
Mar. 25, 2016 Letter from Mark Allen in response to the Order Cancelling Hearing filed.
Mar. 22, 2016 Respondent's Motion to Compel Responses to Interrogatories and Request for Production of Documents from Petitioner North Florida Cycles, LLC filed.
Mar. 22, 2016 Respondent's Motion to Compel Responses to Interrogatories and Request for Production of Documents from Petitioner North Florida Cycles, LLC filed.
Mar. 18, 2016 Respondent's Response to Order Canceling Hearing filed.
Mar. 15, 2016 Order Canceling Hearing (parties to advise status by March 25, 2016).
Mar. 14, 2016 Respondent's Supplement to Motion to Reschedule Final Hearing and for Case Management Conference filed.
Mar. 07, 2016 Order to Show Cause.
Mar. 04, 2016 Respondent's Response to Petition filed.
Mar. 01, 2016 Respondent's Motion to Reschedule Final Hearing and for Case Management Conference filed.
Feb. 29, 2016 Order of Pre-hearing Instructions.
Feb. 29, 2016 Notice of Hearing (hearing set for April 4 and 5, 2016; 9:30 a.m.; Tallahassee, FL).
Feb. 25, 2016 Response to Initial Order filed.
Feb. 19, 2016 Respondent's Notice of Serving Discovery filed.
Feb. 19, 2016 Notice of Appearance (J. Bertron) filed.
Feb. 18, 2016 Initial Order.
Feb. 18, 2016 Agency action letter filed.
Feb. 18, 2016 Petition for Determination of Wrongful Turndown filed.
Feb. 18, 2016 Agency referral filed.

Orders for Case No: 16-000986
Issue Date Document Summary
Jun. 08, 2016 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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