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 . “> ‘
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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.
|