Petitioner: MITSUBISHI MOTOR SALES OF AMERICA, INC., AND FUTURE FRANCHISES, INC., D/B/A FIRKINS MITSUBISHI
Respondent: PELICAN AUTOMOTIVE, INC., D/B/A SARASOTA MITSUBISHI
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Aug. 06, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 20, 2001.
Latest Update: Dec. 23, 2024
“4 ©" STATE OF FLORIDA’? 8 ye
_ DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Ww . “8 p
DOAH CASE NO.: _ 01-3095
“FINAL ORDER #: HSMV-01-961-S-DMV
MITSUBISHI MOTOR SALES OF CS LH
AMERICA, INC., AND FUTURE
FRANCHISES, INC., d/b/a FIRKINS
MITSUBISHI,
Petitioners,
vs.
PELICAN AUTOMOTIVE, INC., d/b/a
SARASOTA MITSUBISHI,
Respondents.
/
FINAL ORDER
This matter came before the Department for entry of a Final ‘Order upon Respondent’s
Amended Withdrawal of. Protest and C sent to Establishm t and the Order closing : file by
Carolyn S. Holifield, an Administrative Law ¥ Judge of the “Division ot of Administrative Hearings, a
copy of which is attached and incorporated by reference in this order. The Department hereby
adopts the Order on the Amended Withdrawal of Protest and Consent to Establishment as its
Final Order in this matter. 7
In addition, it is ORDERED and ADJUDGED that Petitioner, Mitsubishi Motor Sales of
America, Inc., and Future Franchises, Inc., d/b/a/ Firkins Mitsubishi, be granted a license as a
independent motor vehicle dealer at 2600 First Street, Bradenton (Manatee County), Florida
34208, upon compliance with all applicable requirements of Section 320.27, Florida Statutes,
and all applicable Department rules.
Accordingly, it is ORDERED that this case is closed.
DONE AND ORDERED this gay of January, 2002, in Tallahassee, Leon County,
Florida. bl
'ARL A. FORD, (
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division of Motor Vehicles
this tees day of January, 2002.
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.
Copies furnished:
Robert N. Clarke, Jr., Esquire
AUSLEY AND MCMULLEN
P.O. Box 391
Tallahassee, FL 32302
Russell S. Kent, Esquire
SUTHERLAND, ASBILL & BRENNAN, LLP
2282 Killearn Center Boulevard
Tallahassee, FL 32308
Daniel E. Myers, Esquire
MYERS & FULLER, P.A.
402 Office Plaza Drive
Tallahassee, FL 32301
Jeffrey S. Tanen, Esquire
GOLDSTEIN, TANEN & TRENCH, P.A.
One Biscayne Tower, Suite 3250
Two South Biscayne Boulevard
Miami, FL 33131
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Carolyn S. Holifield
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Ronald Reynolds
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
MITSUBISHI MOTOR SALES OF
AMERICA, INC.,
FRANCHISES, INC., d/b/a FIRKINS
MITSUBISHI,
Petitioner,
vs.
PELICAN AUTOMOTIVE, INC., d/b/a
SARASOTA MITSUBISHI,
Respondent.
—_-J-
. STATE OF FLORIDA
‘DIVISION OF ADMINISTRATIVE HEARINGS
AND FUTURE
wee we Ye Ee Ye Ee YS LS SLL
.
RECEIVED
DEC 2 4 2001
Dept. of Highway Safety & Motor Vehicies
Office of General Counsel
Case No. 01-3095
AMENDED WITHDRAWAL OF PROTEST AND »
CONSENT TO ESTABLISHMENT
This cause came on for consideration of Respondent, Pelican
Automotive, Inc.'s, Amended Withdrawal of protest and consent to
establishment.
In consideration thereof, it is’.
ORDERED that:
1. The file of the Division of Administrative Hearings is
closed.
2 The matter is returned to the referring Agency for
final order.
3. The final hearing scheduled for February 11-15 and 18-
19, 2002, is cancelled.
ompere so
were
DONE AND ORDERED this 20th day of December, 2001, in
Tallahassee, Leon County, Florida.
Candas Voll
CAROLYN S. HOLIFIELD
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 20th day of December, 2001.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles :
2900 Apalachee Parkway
Neil Kirkman Building, Room A432
Tallahassee, Florida 32399-0500
Robert N. Clarke, Jr., Esquire
Ausley and McMullen
Post Office Box 391
Tallahassee, Florida 32302
Russell S. Kent, Esquire .
Sutherland, Asbill & Brennan, LLP
2282 Killearn Center Boulevard
Tallahassee, Florida 32308
Daniel E. Myers, Esquire
Myers & Fuller, P.A.
402 Office Plaza Drive
Tallahassee, Florida 32301
Jeffrey S. Tanen, Esquire
Goldstein, Tanen & Trench, P.A.
One Biscayne Tower, Suite 3250
Two South Biscayne Boulevard
Miami, Florida 33131
Docket for Case No: 01-003095
Issue Date |
Proceedings |
Jan. 17, 2002 |
Corrected Final Order filed.
|
Jan. 08, 2002 |
Final Order filed.
|
Dec. 20, 2001 |
Amended Withdrawal of Protest and Consent to Establishment issued. CASE CLOSED.
|
Dec. 19, 2001 |
Amended Withdrawal of Protest and Consent to Establishment (filed by Respondent via facsimile).
|
Dec. 13, 2001 |
Withdrawal of Protest and Consent to Establishment filed by Respondent.
|
Nov. 28, 2001 |
Stipulation of Substitution of Party Respondent (filed via facsimile).
|
Nov. 28, 2001 |
Defendant, Mitsubishi Motor Sales of America, Inc.`s Amended Notice of Taking Deposition, J. Gettel (filed via facsimile).
|
Nov. 19, 2001 |
Notice of Service of Respondent`s Answers to First Set of Interrogatories of Petitioner, Mitsubishi Motor Sales of America, Inc. filed.
|
Nov. 14, 2001 |
Defendant, Mitsubishi Motor Sales of America, Inc.`s Notice of Taking Deposition (filed via facsimile).
|
Nov. 07, 2001 |
Notice of Service of Answers to Interrogatories filed by Petitioner.
|
Nov. 06, 2001 |
Firkins` Response to Request for Production of Documents filed.
|
Nov. 05, 2001 |
Mitsubishi Motor Sales of America, inc.`s Objections and Responses to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Nov. 05, 2001 |
Mitsubishi Motor Sales of America, Inc.`s Objections and Responses to Respondent`s First Request for Production of Documents (filed via facsimile).
|
Oct. 23, 2001 |
Stipulated Protective Order Governing Discovery Materials (filed via facsimile).
|
Sep. 17, 2001 |
Notice of Service of Respondent`s First Set of Interrogatories Directed to Mitsubishi Motors Sales of America, Inc. filed.
|
Sep. 17, 2001 |
Notice of Service of Respondent`s First Set of Interrogatories Directed to Future Franchises, Inc. d/b/a Firkins filed.
|
Sep. 13, 2001 |
Petitioner`s First Request for Production of Documents to Respondent Pelican Automotive, Inc., d/b/a Sarasota Mitsubishi(filed via facsimile).
|
Sep. 13, 2001 |
Petitioner`s First Set of Interrogatories to Respondent, Pelican Automotive, Inc. d/b/a Sarasota Mitsubishi (filed via facsimile).
|
Sep. 13, 2001 |
Notice of Serving First Set of Interrogatories to Respondent, Pelican Automotive, Inc. d/b/a Sarasota Mitsubishi (filed by Petitioner via facsimile).
|
Aug. 27, 2001 |
Order of Pre-hearing Instructions issued.
|
Aug. 27, 2001 |
Notice of Hearing issued (hearing set for February 11 through 15, 18, and 19, 2002; 9:00 a.m.; Tallahassee, FL).
|
Aug. 20, 2001 |
Notice of Appearance (filed by R. Clarke, Jr.).
|
Aug. 15, 2001 |
Notice of Appearance (filed by R. Kent via facsimile).
|
Aug. 14, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Aug. 07, 2001 |
Initial Order issued.
|
Aug. 06, 2001 |
Notice of New Dealership Establishment filed.
|
Aug. 06, 2001 |
Petition or Complaint Protesting Establishment of Dealership filed.
|
Aug. 06, 2001 |
Agency referral filed.
|