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NISSAN NORTH AMERICA, INC., AND JCR - WESLEY CHAPEL, LLC, D/B/A WESLEY CHAPEL NISSAN vs FERMAN MOTOR CAR COMPANY, INC., D/B/A FERMAN NISSAN OF NORTH TAMPA, 03-002352 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002352 Visitors: 15
Petitioner: NISSAN NORTH AMERICA, INC., AND JCR - WESLEY CHAPEL, LLC, D/B/A WESLEY CHAPEL NISSAN
Respondent: FERMAN MOTOR CAR COMPANY, INC., D/B/A FERMAN NISSAN OF NORTH TAMPA
Judges: FRED L. BUCKINE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jun. 24, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 13, 2004.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA GS : : DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES . “> ‘ ~eP DOAH CASE NO.: 03-2352 £( Py -chete f : FINAL ORDER #: HSMV-04-023-S-DMV NISSAN NORTH AMERICA, INC., AND JCR —- WESLEY CHAPEL, LLC, d/b/a WESLEY CHAPEL NISSAN, Petitioners, vs. FERMAN MOTOR CAR COMPANY, INC., d/b/a FERMAN NISSAN OF NORTH TAMPA, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Fred. L. Buckine, 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, JCR — Wesley Chapel, Inc., d/b/a Wesley Chapel Nissan, be granted a license as a franchised dealer for the sale of Nissan motor vehicles at the Northwest corner of State Road 54 and Point Pleasant Boulevard, NE Comer of Section 7, Township 26 South, Range 20, East, Wesley Chapel (Pasco County), Florida, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. ed , DONE AND ORDERED this 2/** day of lene 2004, in Tallahassee, Leon County, Florida. 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 2/7 day of 2004. 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: Dean Bunch, Esquire Sutherland, Asbill and Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308 J. Martin Hayes, Esquire Myers & Fuller, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301 J. Gregory Humphries, Esquire Shutts & Bowen, LLP 300 South Orange Avenue, Suite 1000 Orlando, Florida 32801 Steven A. McKelvey, Jr., Esquire Nelson, Mullins, Riley & Scarborough, LLP 1330 Lady Street Post Office Box 11070 Columbia, South Carolina 29211 Fred L. Buckine 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

Docket for Case No: 03-002352
Issue Date Proceedings
Jan. 23, 2004 Final Order filed.
Jan. 13, 2004 Order Closing File. CASE CLOSED.
Jan. 08, 2004 Notice of Dismissal of Protest (filed by J. Hayes via facsimile).
Nov. 25, 2003 Order Severing DOAH Case No. 03-2351.
Nov. 17, 2003 Notice of Dismissal of Protest filed by J. Hayes.
Oct. 16, 2003 Letter to Judge Buckine from S. McKelvey, Jr., regarding scheduled motion hearing (filed via facsimile).
Sep. 26, 2003 Notice of Motion Hearing. (October 27, 2003, at 9:00 a.m.; the DeSoto Building, 1230 Apalachee Parkway, Tallahsssee, Florida)
Aug. 05, 2003 Notice of Motion Hearing (set for October 1, 2003, 9:00 a.m., in Tallahassee).
Jul. 25, 2003 Response to Motion to Dismiss and fo Bifurcation (filed by Respondent via facsimile).
Jul. 18, 2003 Order (Respondent`s Agreed Motion for Enlargement of Time is granted, and Respondent shall have until July 25, 2003, to respond to Petitioner`s Motion to Dismiss).
Jul. 16, 2003 Agreed Motion for Enlargement of Time filed by J. Hayes.
Jul. 10, 2003 Motion to Dismiss for Lack of Standing and for Bifurcated Consideration of Standing Issues (filed by D. Bunch, S. Hutto via facsimile).
Jul. 09, 2003 Order of Pre-hearing Instructions.
Jul. 09, 2003 Notice of Hearing (hearing set for January 20 through 23 and 26 through 28, 2004; 9:00 a.m.; Tallahassee, FL).
Jul. 07, 2003 Order of Consolidation issued. (consolidated cases are: 03-002351, 03-002352)
Jul. 03, 2003 Notice of Appearance (filed by S. McKelvey, Jr., Esquire, via facsimile).
Jul. 03, 2003 Letter to Judge Buckine from S. Mckelvey, Jr. enclosing corrections to joint reponsed to initial orders (filed via facsimile).
Jul. 01, 2003 Joint Response to Initial Order (filed via facsimile).
Jul. 01, 2003 Notice of Appearance (filed by D. Bunch, Esquire, via facsimile).
Jun. 24, 2003 Notice of Intent of JCR-Wesley Chapel, LLC d/b/a Wesley Chapel Nissan to Establish Nissan Sales, Parts and Service Operations filed.
Jun. 24, 2003 Petition or Complaint Protesting Establishment of Dealership filed.
Jun. 24, 2003 Agency referral filed.
Jun. 24, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

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