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AMERICAN HONDA MOTOR CO., INC., AND WINTER HAVEN VENTURES, INC., D/B/A WINTER HAVEN HONDA vs REGAL PONTIAC, INC., D/B/A REGAL HONDA, 07-000438 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000438 Visitors: 19
Petitioner: AMERICAN HONDA MOTOR CO., INC., AND WINTER HAVEN VENTURES, INC., D/B/A WINTER HAVEN HONDA
Respondent: REGAL PONTIAC, INC., D/B/A REGAL HONDA
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Winter Haven, Florida
Filed: Jan. 23, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 11, 2007.

Latest Update: May 15, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 07-0438 FINAL ORDER #: HSMV-07-545-S-DMV AMERICAN HONDA MOTOR CO., INC., AND WINTER HAVEN VENTURES, INC., d/b/a WINTER HAVEN HONDA, Petitioners, vs. REGAL PONTIAC, INC.,, d/b/a REGAL HONDA, Uh ch LI AW Lol agsails Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon Respondent’s Withdrawal of Protest and Consent to Establishment and the Order closing file by R. Bruce McKibben, 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 on the Withdrawal of Protest and Consent to Establishment as its Final Order in this matter. ; In addition, it is ORDERED and ADJUDGED that Petitioner, American Honda Motor Co., Inc., and Winter Haven Ventures, Inc., d/b/a Winter Haven Honda, be granted a license as a franchised motor vehicle dealer for the sale of Honda automobiles and light trucks on the north side of State Road 540 (Cypress Gardens Blvd.) Winter Garden (Orange County), Florida 33880, 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 /. S day of May, 2007, in Tallahassee, Leon County, Florida. ARL A. FORD, DiseCtor Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division otor Vehicles this /S°< day of May, 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. Andrew Bertron, Jr., Esquire Sutherland, Asbill & Brennan, LLP 3600 Maclay Blvd. South, Suite 202 Tallahassee, Florida 32312 John W. Forehand, Esquire Lewis, Longman and Walker, P.A. 125 South Gadsden Street, Suite 300 Tallahassee, Florida 32301-1525 Michael J. Dewberry, Esquire Fowler, White, Boggs, Banker, P.A. 50 North Laura Street, Suite 2200 Jacksonville, Florida 32202 Michael J. Alderman, Esquire Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 R. Bruce McKibben 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

Docket for Case No: 07-000438
Issue Date Proceedings
May 30, 2007 Amended Final Order filed.
May 17, 2007 Final Order filed.
Apr. 11, 2007 Order Closing File. CASE CLOSED.
Apr. 06, 2007 Withdrawal of Protest and Consent to Establishment filed.
Mar. 12, 2007 Notice of Joinder of Motion to Dismiss by Winter Haven Ventures, Inc. and Motion for an Award of Attorney Fees and Costs filed.
Mar. 09, 2007 Order Denying Motion to Dismiss.
Mar. 05, 2007 Amended Notice of Appearance (filed by M. Dewberry).
Mar. 01, 2007 Undeliverable envelope returned from the Post Office.
Mar. 01, 2007 Respondent`s Response to Petitioner`s Motion to Dismiss filed.
Feb. 22, 2007 Order Granting Extension of Time (response to motion to dismiss to be filed by March 1, 2007).
Feb. 22, 2007 Notice of Appearance (filed by M. Goodbread).
Feb. 22, 2007 Notice of Appearance (filed by M. Dewberry).
Feb. 21, 2007 Unopposed Motion for Extension of Time filed.
Feb. 16, 2007 Appendix to Motion to Dismiss Protest for Lack of Standing and Motion for Attorneys` Fees and Costs filed.
Feb. 15, 2007 Motion to Dismiss for Lack of Standing and Motion for Attorney`s Fees and Costs filed.
Feb. 08, 2007 Order Granting Extension of Time (motion to dismiss to be filed by February 15, 2007).
Feb. 08, 2007 Consent Motion for Extension of Time to File Motion to Dismiss filed.
Feb. 08, 2007 Notice of Appearance (filed by J. Bertron).
Jan. 26, 2007 Notice of Appearance (filed by D. Bunch).
Jan. 25, 2007 (Amended) Agency referral filed.
Jan. 23, 2007 Notice of Publication for New Point Franchise Motor Vehicle Dealer filed.
Jan. 23, 2007 Petition or Complaint Protesting Establishment of Dealership filed.
Jan. 23, 2007 Agency referral filed.
Jan. 23, 2007 Initial Order.
Source:  Florida - Division of Administrative Hearings

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