Petitioner: KAWASAKI MOTOR CORPORATION, U.S.A., AND CYCLE WORLD OF PALM BEACH, INC.
Respondent: POWERSPORTS OF DELRAY
Judges: ROBERT E. MEALE
Agency: Department of Highway Safety and Motor Vehicles
Locations: West Palm Beach, Florida
Filed: Oct. 18, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 16, 2002.
Latest Update: Dec. 28, 2024
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; STATE OF FLORIDA 1D}
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICHES:. /,
DOAH CASE NOS.: 01-3397 AND 01-3998
FINAL ORDER #: HSMV-02-47-S-DMV
Ren)
KAWASAKI MOTOR CORPORATION AND 01-3997
U.S.A., and CYCLE WORLD OF PALM
BEACH, INC.,
Petitioners,
“Vs.
POWERSPORTS OF DELRAY,
Respondent.
KAWASAKI MOTOR CORPORATION AND 01-3998
U.S.A., and CYCLE WORLD OF PALM
BEACH, INC.,
Petitioners,
vs.
POWERSPORTS OF PALM BEACH,
Respondent.
/
ee
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing Files by Robert E. Meale, an Administrative Law Judge of the Division of
Administrative Hearings, a copy of which is attached and incorporated by reference in this order.
: The Department hereby adopts the Order Closing File as its Final Order in this matter.
Accordingly, it is
ORDERED and ADJUDGED that Petitioner, Cycle World of Palm Beach, Inc., be
ranted a a Ticense as a franchised dealer of Kawasaki motorcycles at 1422 Hypoluxo Rd., Lantana
(Palm Beach County), “Florida "33462, upon compliance with all applicable requirements of
Section 320.27, Florida Statutes, and all applicable Department rules.
DONE AND ORDERED this 2 5 Ky of January, 2002, in Tallahassee, Leon
County, Florida.
“CARL A. FORD, Director
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
thiseZ, ay 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:
Russell S. Kent, Esquire
Sutherland; ‘Asbill & Brennan, LLP
“9485 Cilleamn Center Boulevard
Tallahassee, Florida 32308-3561
Jim Capps -
Kawasaki Motor Corporation, U.S.A.
3110 Boat Rock Boulevard, S.W.
> iq.
Leigh K. Fletcher, Esq.
WARREN & RUDY, P.A.
P.O. Box 3913
Tampa, Florida 33601 -3913
- Michael J. Alderman, Esquire
* Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Robert E. Meale ~
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1 550
Ronald Reynolds
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
“STATE OF FLORIDA REC ij VED
0. “OF “ADMINISTRATIVE HEARINGS
nin oe JAN 18 2002
ue eg of Highway Safety & Moto
KRWASAKI MOTOR CORPORATION, ) Office of General Coun at Vehiles
U.S.A , AND CYCLE WORLD OF PALM )
BEACH, INC., —)
; Petitioners, )
orn \
vs. ) Case No. 01-3997
: )
POWERSPORTS OF DELRAY, )
)
Respondent.
eee
KAWASAKI MOTOR CORPORATION,
‘U.S.A , AND CYCLE WORLD OF PALM
BEACH, INC., _ .
)
)
)
)
)
)
Petitioners, ,)
)
vs. ) Case No. 01-3998
)
POWERSPORTS OF PALM BEACH, )
cote sgn )
Respondent’. )
)
ee
ORDER CLOSING FILES
This cause having come before the undersigned on
Respondent's Withdrawal of protest and Consent to Establishment,
filed January 14, 2002, and the undersigned being fully advised,
it is, therefore, .
ORDERED that:
1. The final hearing in this cause scheduled for April 29
through May 3, 2002, is cancelled.
2. The files of the Division of Administrative Hearings in
the above-captioned matter are closed.
sop op er
DONE AND ORDERED this 16th day of January, 2002, in
Tallahassee, Leon County, Florida.
i
ROBERT E. MEALE
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 16th day of January, 2002.
. 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
Jim Capps |
Kawasaki Motor Corporation, U.S.A.
3110 Boat Rock Boulevard,. Southwest |
Atlanta, Georgia 30378
Stephen B. French, Esquire
Bush Ross Gardner Warren & Rudy, P.A.
Post Office Box 3913”
Tampa, Florida 33601-3913
Russell S. Kent, Esquire
Sutherland, Asbill & Brennan, LLP
2282 Killearn Center Boulevard
Tallahassee, Florida 32308
Docket for Case No: 01-003997
Issue Date |
Proceedings |
Jan. 29, 2002 |
Final Order filed.
|
Jan. 16, 2002 |
Order Closing File issued. CASE CLOSED.
|
Jan. 14, 2002 |
Withdrawal of Protest and Consent to Establishment (filed by Respondents via facsimile).
|
Jan. 14, 2002 |
Withdrawal of Protest and Consent to Establishment filed by Respondents.
|
Nov. 15, 2001 |
Kawasaki Motors Corp., U.S.A.`s Notice of Taking Depositions (filed via facsimile).
|
Oct. 31, 2001 |
Notice of Hearing issued (hearing set for April 29 through May 3, 2002; 11:00 a.m.; West Palm Beach, FL).
|
Oct. 31, 2001 |
Order Consolidating Cases issued. (consolidated cases are: 01-003997, 01-003998)
|
Oct. 25, 2001 |
Notice of Appearance (filed by S. French via facsimile).
|
Oct. 25, 2001 |
Joint Response to Initial Order (filed via facsimile).
|
Oct. 24, 2001 |
First Set of Interrogatories (filed by R. Kent via facsimile).
|
Oct. 24, 2001 |
Notice of Service of First Set of Interrogatories (filed by R. Kent via facsimile).
|
Oct. 24, 2001 |
Notice of Appearance (filed by R. Kent via facsimile).
|
Oct. 18, 2001 |
Initial Order issued.
|
Oct. 17, 2001 |
Notice of Protest of the Intent to Establish a Kawasaki Franchise Dealership filed.
|
Oct. 17, 2001 |
Agency referral filed.
|