Petitioner: AMERICAN SUZUKI MOTOR CORPORATION
Respondent: JOHNSON BROS. IMPORTS, INC., D/B/A JOHNSON BROS. SUZUKI
Judges: ELLA JANE P. DAVIS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Inverness, Florida
Filed: Apr. 15, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 5, 2009.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA Lin .
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES °° vi Dp
DOAH CASE No.: 08-1842
FINAL ORDER NO.: 09-51
AMERICAN SUZUKI MOTOR
CORPORATION,
Petitioner,
vs.
JOHNSON BROS. IMPORTS, INC., d/b/a
JOHNSON BROS. SUZUKI,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order
Closing File by Ella Jane P. Davis, 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. Said Order Closing file was
predicated upon the Withdrawal of Request for Formal Hearing on Termination filed by Johnson Bros.
Imports, Inc., d/b/a Johnson Bros. Suzuki (“Johnson Bros.”). On January 15, 2008, American Suzuki
Motor Corporation (“ASMC”) sent a Notice of Intended Termination to Johnson Bros., and on April 15,
2008, Johnson Bros. filed a letter protesting the intended termination and requesting a formal hearing. In
consideration of Johnson Bros.’ Withdrawal of Request for Formal Hearing filed on December 31, 2008,
the Automotive Dealer Agreement between ASMC and Johnson Bros. is hereby terminated.
Accordingly, it is hereby
ORDERED that the Automotive Dealer Agreement dated June 29, 2007 between ASMC
and Johnson Bros. is terminated as of the date of entry of this order.
A
DONE AND ORDERED this Lo ay of January, 2009, in Tallahassee, Leon County,
}
‘ARL A. FORD, Direcfor
Division of Motor Vehicles
Department of Highway Safety and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Florida.
Filed with Ae Clerk of the Division of Motor Vehicles
this ay of January, 2009.
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 Appeilate Procedure.
Copies furnished:
Ella Jane P. Davis
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Michael J. Alderman, Esq.
Assistant General Counsel
Department of Highway Safety and Motor Vehicles
Neil Kirkman Building, Rm. A-432-02
Tallahassee, Florida 32399-0504
Andy Bertron, FBN 982849
Virginia Gulde, FBN 50805
Sutherland Asbill & Brennan LLP
3600 Maclay Blvd. South Suite 202
Tallahassee, FL 32312-1267
Attorneys for American Suzuki Motor Corporation
Tony DeRungs
P.O. Box 22
Midland, South Dakota, 57552
tonyderungs @ yahoo.com
Qualified Representative for Johnson Bros. Imports, Inc.
Danny Mark Johnson
Johnson Bros. Imports, Inc.,
d/b/a Johnson Bros. Suzuki
915 North Suncoast Boulevard
Crystal River, Florida 34429
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
Gary Konopka, Administrator, Region V1
Division of Motor Vehicles
Docket for Case No: 08-001842
Issue Date |
Proceedings |
Jan. 28, 2009 |
Final Order filed.
|
Jan. 05, 2009 |
Order Closing File. CASE CLOSED.
|
Dec. 31, 2008 |
Withdrawal of Request for Formal Hearing on Termination filed.
|
Dec. 23, 2008 |
Motion for Telephonic Testimony filed.
|
Dec. 22, 2008 |
Order Denying Continuance of Final Hearing.
|
Dec. 22, 2008 |
Petitioner`s Response to Motion to Continue Final Hearing filed.
|
Dec. 19, 2008 |
Motion to Continue Final Hearing filed.
|
Nov. 21, 2008 |
Order (except as modified herein, all other provisions of the first Notice of Hearing shall remain in full force and effect).
|
Nov. 18, 2008 |
CASE STATUS: Pre-Hearing Conference Held. |
Oct. 21, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 7 and 8, 2009; 10:00 a.m.; Inverness, FL).
|
Oct. 14, 2008 |
Joint Motion to Continue Final Hearing filed.
|
Sep. 30, 2008 |
Joint Pre-hearing Stipulation filed.
|
Sep. 25, 2008 |
Order Re-scheduling Hearing (hearing set for October 28, 2008; 9:00 a.m.; Inverness, FL).
|
Sep. 25, 2008 |
Notice of Appearance (filed by J. Bertron).
|
Sep. 23, 2008 |
Joint Designation of Availability for Final Hearing filed.
|
Sep. 10, 2008 |
Order Lifting Stay; Pre-hearing Schedule (on or before September 24, 2008, parties shall file a joint pleading specifying which of the following dates should be scheduled for final hearing).
|
Sep. 04, 2008 |
Johnson Bros. Imports, Inc. Objection to American Suzuki`s Motion to Lift Stay and Reschedule Final Hearing filed.
|
Sep. 03, 2008 |
Notice of Filing and Request for Hearing filed.
|
Sep. 02, 2008 |
Exhibit A to Motion to Lift Stay filed.
|
Aug. 22, 2008 |
American Suzuki`s Motion to Lift Stay and Reschedule Final Hearing filed.
|
Jul. 25, 2008 |
Order of Stay (parties shall file a joint status report on or about September 22, 2008).
|
Jul. 21, 2008 |
Status Report filed.
|
Jun. 20, 2008 |
Order of Stay (parties to file joint status report on or before July 21, 2008).
|
Jun. 19, 2008 |
Asset Purchase Agreement filed.
|
Jun. 19, 2008 |
Amended Response to Motion to Stay Final Hearing filed.
|
Jun. 18, 2008 |
Response in Opposition to Stay Final Hearing filed.
|
Jun. 18, 2008 |
Letter to Judge Davis from J. DeRungs enclosing financial information (documents not available for viewing) filed.
|
Jun. 18, 2008 |
Affidavit in Support of Motion for Stay of Administrative Proceedings Pursuant to Section 320.641(8) filed.
|
Jun. 18, 2008 |
Motion for Stay of Administrative Proceeding Pursuant to Section 320.641(8) and Request for Hearing filed.
|
Jun. 11, 2008 |
Prehearing Statement of Johnson Bros. Imports, Inc., d/b/a, Johnson Bros. Suzuki filed.
|
Jun. 11, 2008 |
Agreed Motion to Advance the Time to Start Hearing on June 20, 2008 filed.
|
Jun. 11, 2008 |
ASMC`s Separate Proposed Pre-hearing Statement filed.
|
Jun. 05, 2008 |
Notice of Appearance (filed by V. Gulde).
|
Jun. 05, 2008 |
Order (Motion to Strike Deposition is denied).
|
Jun. 05, 2008 |
American Suzuki Motor Corporation`s Response to Mr. Johnson`s June 4, 2008 Pleading filed.
|
Jun. 04, 2008 |
Johnson Bros. Imports, Inc.`s Response in Opposition to Respondents Request for Expedited Order and Request for Protective Order filed.
|
Jun. 04, 2008 |
American Suzuki Motor Corporation`s Response to the June 3, 2008 Order Regarding Johnson Bros. Suzuki`s Motion to Strike Deposition of Richard Skrodzki filed.
|
Jun. 02, 2008 |
Order (submittals shall be filed with the Division on or before June 4, 2008, and will be considered together with the motion and response).
|
May 28, 2008 |
American Suzuki Motor Corporation`s Response in Opposition to Petitioner`s Motion to Strike Deposition of Richard Skrodzki and Request for Expedited Order filed.
|
May 27, 2008 |
Affidavit of Service filed.
|
May 27, 2008 |
Motion to Strike Deposition of Richard Skrodzkie filed.
|
May 23, 2008 |
Order (parties` Joint Proposed Order of Pre-hearing Instructions is hereby adopted as the Order of Pre-hearing Instructions).
|
May 22, 2008 |
Joint Proposed Order of Pre-Hearing Instructions filed.
|
May 21, 2008 |
Order on Telephonic Conference on May 20, 2008.
|
May 21, 2008 |
Respondent`s Re-Notice of Taking Deposition (of M. Johnson) filed.
|
May 21, 2008 |
Respondent`s Re-Notice of Taking Deposition (of B. Johnson) filed.
|
May 20, 2008 |
CASE STATUS: Motion Hearing Held. |
May 20, 2008 |
American Suzuki Motor Corporation`s Motion to Schedule the Depositions of Brent and Mark Johnson filed.
|
May 20, 2008 |
Request to Br [sic] Represented by a Qualified Representative filed.
|
May 13, 2008 |
Letter to Judge Davis from M. Johnson regarding legal representation by J. Anthony DeRung filed.
|
May 13, 2008 |
Affidavit of J. Anthony Derungs filed.
|
May 09, 2008 |
Notice of Hearing (hearing set for June 20, 2008; 10:00 a.m.; Inverness, FL).
|
May 06, 2008 |
Response to May 1, 2008 Order filed.
|
May 06, 2008 |
Order (enclosing rules regarding qualified representatives).
|
May 05, 2008 |
Respondent`s Notice of Taking Deposition (3) filed.
|
May 01, 2008 |
Scheduling Order.
|
Apr. 28, 2008 |
CASE STATUS: Pre-Hearing Conference Held. |
Apr. 24, 2008 |
Petitioner American Suzuki Motor Corporation`s Notice of Serving First Request for Production of Documents filed.
|
Apr. 22, 2008 |
American Suzuki Motor Corporation`s Response to Initial Order filed.
|
Apr. 22, 2008 |
Johnson Bros. Imports, Inc., d/b/a Johnson Bros Suzuki`s Response to Initial Order filed.
|
Apr. 15, 2008 |
Notice of Intended Termination filed.
|
Apr. 15, 2008 |
Request for Administrative Hearing filed.
|
Apr. 15, 2008 |
Agency referral filed.
|
Apr. 15, 2008 |
Initial Order.
|
|
CASE STATUS: Pre-Hearing Conference Held. |