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FERMAN OF COUNTRYSIDE, LLC, D/B/A FERMAN MAZDA OF COUNTRYSIDE vs MAZDA MOTOR OF AMERICA, INC., 19-001083 (2019)

Court: Division of Administrative Hearings, Florida Number: 19-001083 Visitors: 4
Petitioner: FERMAN OF COUNTRYSIDE, LLC, D/B/A FERMAN MAZDA OF COUNTRYSIDE
Respondent: MAZDA MOTOR OF AMERICA, INC.
Judges: HETAL DESAI
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Mar. 01, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, May 8, 2019.

Latest Update: May 15, 2019
SKM_C25819051516211


STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


FERMAN OF COUNTRYSIDE, LLC d/b/a FERMAN MAZDA OF COUNTRYSIDE,


Petitioner,

vs. HSMV Case No.: MS-19-045

DOAH Case No.: 19-1083

MAZDA MOTOR OF AMERICA, INC.,


Respondent.

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


FINAL ORDER NO. :

HSMV-19-0342- f 0 J.- -MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER


This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of an Order Closing File and Relinquishing Jurisdiction issued May 8, 2019, by the Honorable Hetal Desai, Administrative Law Judge of the Division of Administrative Hearings, based on the Petitioner's Notice of Dismissal filed May 7, 2019, copies of which are attached and incorporated by reference in this order.

Upon review of the Order and record in the above-styled case, and being fully advised in the premises, the Department hereby dismisses the petition. Accordingly, it is ORDERED that the case is CLOSED. .

DONE AND ORDERED this \ . day of May, 2019.


Robert Kynoch, Director fMotorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


Page 1 of2

FERMAN OF COUNTRYSIDE, LLC v. MAZDA MOTOR OF AMERICA, INC. HSMV Case No. MS-19-045

DOAH 19-1083


Filed May 15, 2019 4:54 PM Division of Administrative Hearings

COPIES FURNISHED this / J!} day of May, 2019, to:

Joseph R. Gillespie, Agency Clerk Department of Highway Safety and Motor Vehicles

Room A432, Mail Stop 2 2900 Apalachee Parkway

Tallahassee, Florida 32399 ogcfiling@flhsmv.gov joegillespie@flhsmv.gov

John W. Forehand, Esquire Kurkin, Forehand & Brandes, LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301 jforehand@kfb-law.com awylie@ktb-law.com

Robert Craig Spickard, Esquire Kurkin, Forehand & Brandes, LLP 315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301 cspickard@kfb-law.com awylie@kfb-law.com

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP 215 South Monroe Street, Suite 400

Tallahassee, Florida 32301 andy.bertron@nelsonmullins.com susan.orach@nelsonmullins.com

C. Everett Boyd, Esquire

Nelson Mullins Riley & Scarborough, LLP 215 South Monroe Street, Suite 400

Tallahassee, Florida 32301 everett.boyd@nelsonmullins.com kathi.mcmillan@nelsonmullins.com

Palmer Brand, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635 palrnerbrand@flhsmv.gov

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days ofrendition of this final order.


Filing with the Department's Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.


Page 2 of2

FERMAN OF COUNTRYSIDE, LLC v. MAZDA MOTOR OF AMERICA, INC. HSMV Case No. MS-19-045

DOAH 19-1083


Docket for Case No: 19-001083
Issue Date Proceedings
May 15, 2019 Agency Final Order filed.
May 08, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
May 07, 2019 Notice of Dismissal filed.
Mar. 28, 2019 Order Granting Continuance and Rescheduling Hearing (hearing set for July 15 through 19, 2019; 9:00 a.m.; Tallahassee, FL).
Mar. 27, 2019 Order of Pre-hearing Instructions.
Mar. 26, 2019 Joint Motion to Reschedule Final Hearing filed.
Mar. 25, 2019 Notice of Hearing (hearing set for May 20 through 24, 2019; 9:00 a.m.; Tallahassee, FL).
Mar. 25, 2019 Petitioner's Notice of Serving Discovery filed.
Mar. 13, 2019 CASE STATUS: Pre-Hearing Conference Held.
Mar. 13, 2019 Mazda Motor of America, Inc.'s Notice of Serving Discovery filed.
Mar. 13, 2019 Notice of Telephonic Pre-hearing Conference (set for March 13, 2019; 11:00 a.m.).
Mar. 11, 2019 Joint Response to Initial Order filed.
Mar. 04, 2019 Notice of Appearance (C. Boyd) filed.
Mar. 04, 2019 Notice of Appearance (J. Bertron) filed.
Mar. 04, 2019 Initial Order.
Mar. 01, 2019 Petition Pursuant to Section 320.699(1), Florida Statutes, Requesting Proceeding and Administrative Hearing filed.
Mar. 01, 2019 Agency referral filed.

Orders for Case No: 19-001083
Issue Date Document Summary
May 15, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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