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ISUZU MOTORS AMERICA, INC., AND AUTOMOBILE HOLDINGS, LLC vs BERT SMITH OLDS, INC., D/B/A BERT SMITH ISUZU, 07-000139 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000139 Visitors: 13
Petitioner: ISUZU MOTORS AMERICA, INC., AND AUTOMOBILE HOLDINGS, LLC
Respondent: BERT SMITH OLDS, INC., D/B/A BERT SMITH ISUZU
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jan. 11, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 10, 2007.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA 07 Oe a DEPARTMENT OF HIGHWAY SAFETY AND MOTO: ieups, ' ve, *18 DOAH CASE NO.: 07-0139 ; FINAL ORDER #: HSMV-07-1352-S-DM ISUZU MOTORS AMERICA, INC., AND AUTOMOBILE HOLDINGS, LLC, Petitioners, vs. BERT SMITH OLDS, INC., d/b/a BERT SMITH ISUZU, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Carolyn S. Holifield, 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, Isuzu Motors America Inc. and Automobile Holdings, LLC, be granted a license as a dealership for the sale of Isuzu light duty vehicles at 2316 State Road 580, Clearwater, (Pinellas County), Florida 33763, upon compliance with all applicable requirements of section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 3%/ aay of October, 2007, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Diréctor 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 3/22 day of October, 2007. 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: J. Martin Hayes, Esquire Myers and Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Dean Bunch, Esquire 3600 Maclay Blvd., South, Suite 202 Tallahassee, Florida 32312-1267 John W. Forehand, Esquire 2600 Centennial Place, Suite 100 Tallahassee, Florida 32308 Carolyn 8. Holifield * Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 S/I™ STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ISUZU MOTORS AMERICA, INC., AND )} AUTOMOBILE HOLDINGS, LLC, ) } Dept. of Hy age Seph of BL Petitioners, Gihisg of Gena it vs. ) Case No. 07-0139 ) BERT SMITH OLDS, INC., d/b/a ) BERT SMITH ISUZU, ) ) Respondent. ) ) ORDER CLOSING FILE This’ cause having come before the undersigned on Respondent's Notice of Dismissal of Protest with Prejudice filed on October 5, 2007, and the undersigned being fully advised, it is, therefore, : ORDERED that: 1. The final hearing in this cause scheduled for October 10 through 12, 2007, is hereby canceled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 10th day of October, 2007, in Tallahassee, Leon County, Florida. 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 f www.doah.state.fl.us Piled with the Clerk of the , Division of Administrative Hearings this 10th day of October, COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 J. Martin Hayes, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Dean Bunch, Esquire Sutherland, Asbill & Brennan, LLP 3600 Maclay Boulevard, South, Suite 202 Tallahassee, Florida 32312-1267 John W. Forehand, Esquire Lewis, Longman & Walker, P.A. 2600 Centennial Place, Suite 100 Tallahassee, Florida . 32308 2007.

Docket for Case No: 07-000139
Issue Date Proceedings
Nov. 08, 2007 Final Order filed.
Oct. 10, 2007 Order Closing File. CASE CLOSED.
Oct. 05, 2007 Respondent`s Notice of Dismissal of Protest with Prejudice filed.
Aug. 31, 2007 Petitioner Isuzu Motors America, Inc.`s Motion for Confidentiality Order filed.
Aug. 21, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 10 through 12, 2007; 9:30 a.m.; Tallahassee, FL).
Aug. 17, 2007 Joint Motion for Continuance filed.
Aug. 07, 2007 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 1 through 5, 2007; 9:30 a.m.; Tallahassee, FL).
Aug. 03, 2007 Joint Motion for Continuance filed.
Jul. 27, 2007 Notice of Appearance (filed by J. Forehand).
Jun. 28, 2007 Respondent, Bert Smith Olds, Inc., d/b/a Bert Smith Isuzu First Request to Produce to Isuzu Motors America, Inc. filed.
Jun. 28, 2007 Respondent, Bert Smith Olds, Inc., d/b/a Bert Smith Isuzu Notice of Service of First Set of Interrogatories to Isuzu Motors America, Inc. filed.
Jan. 29, 2007 Order of Pre-hearing Instructions.
Jan. 29, 2007 Notice of Hearing (hearing set for August 27 through 31, 2007; 9:00 a.m.; Tallahassee, FL).
Jan. 18, 2007 Joint Response of Bert Smith Olds, Inc. and Isuzu Motors America, Inc. to Initial Order filed.
Jan. 17, 2007 Notice of Appearance (filed by D. Bunch).
Jan. 11, 2007 Initial Order.
Jan. 11, 2007 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
Jan. 11, 2007 Petition or Complaint Protesting Establishing of Dealership filed.
Jan. 11, 2007 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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