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_eSTATE 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