Petitioner: CHRYSLER MOTORS, LLC AND POMPANO MOTOR COMPANY, D/B/A EDDIE ACCARDI JEEP CHRYSLER DODGE
Respondent: MONARCH DODGE, INC.
Judges: CLAUDE B. ARRINGTON
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Oct. 21, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 8, 2009.
Latest Update: Dec. 22, 2024
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES = <2
DOAH CASE NO.: 08-5246
DMV CASE NO.: 09-0195
FINAL ORDER #: HSMV-09-93-S-DMV
CHRYSLER MOTORS, LLC AND
POMPANO MOTOR COMPANY, d/b/a
EDDIE ACCARDI JEEP CHRYSLER
DODGE,
Petitioners,
vs.
MONARCH DODGE, INC.,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order
Closing File by Claude B. Arrington , 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, Pompano Motor Company, d/b/a Eddie Accardi
Jeep Chrysler Dodge, be granted a license for the sale of Dodge cars and light trucks at 909 South
Federal Highway, Pompano Beach, (Broward County), Florida 33062, upon compliance with all
applicable requirements of section 320.27, Florida Statutes, and all applicable Department rules.
DONE AND ORDERED this Vb “day of January, 2009, in Tallahassee, Leon County, Florida.
}
‘ARL A. FORD, Direct
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 2747 day 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 Appellate Procedure.
Copies furnished:
Michael J. Alderman, Esquire
Robert C. Byerts, Esquire
Myers and Fuller, P.A.
2822 Remington Green Circle
Tallahassee, Florida 32308
Eddie Accardi
Pompano Motor Company, d/b/a
Eddie Accardi Jeep Chrysler Dodge
909 South Federal Highway
Pompano Beach, Florida 33062
Phil Langley
Chrysler Motors, LLC
10300 Boggy Creek Road
Orlando, Florida 32824
C. Everett Boyd, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Blvd. South, Suite 202
Tallahassee, Florida 32312
Dean Bunch, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Blvd. South, Suite 202
Tallahassee, Florida 32312
Claude B. Arrington
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
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CHRYSLER MOTORS, LLC AND
POMPANO MOTOR COMPANY, d/b/a
EDDIE ACCARDI JEEP CHRYSLER
DODGE,
Petitioners,
vs. Case No. 08-5246
MONARCH DODGE, INC.,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on
Respondent’s Notice of Withdrawal of its complaint filed
January 7, 2009, and the undersigned being fully advised, it is,
therefore,
ORDERED that:
1. The final hearing in this cause scheduled for April 27
through May 1 and 4 through 8, 2009, 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 referring agency.
DONE AND ORDERED this 8th day of January, 2009, in
Tallahassee, Leon County, Florida.
CLAUDE B. ARRINGTON
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 8th day of January, 2009.
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
Robert C. Byerts, Esquire
Myers & Fuller P.A.
2822 Remington Green Circle
Tallahassee, Florida 32308
Eddie Accardi
Pompano Motor Company, d/b/a
Eddie Accardi Jeep Chrysler Dodge
909 South Federal Highway
Pompano Beach, Florida 33062
Phil Langley
Chrysler Motors, LLC
10300 Boggy Creek Road
Orlando, Florida 32824
C. Everett Boyd, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312
Dean Bunch, Esquire
Sutherland Asbill & Brennan, LLP
3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32309
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CHRYSLER MOTORS LLC and
POMPANO MOTOR COMPANY, d/b/a
EDDIE ACCARDI JEEP CHRYSLER DODGE,
Petitioners,
vs. Case No. 08-5246
MONARCH DODGE, INC.,
Respondent.
/
NOTICE OF WITHDRAWAL
Respondent, MONARCH DODGE, Inc., files this Notice of Withdrawal and hereby
withdraws its protest to notice of the intent of Chrysler Motors, LLC, to establish
a Dodge dealership at a proposed location at 909 South Federal Highway,
Pompano Beach, (Broward County), Florida 33062, which is the subject of this
proceeding.
RESPECTFULLY SUBMITTED for the Respondent this 2nd day of January 2009.
s/ Robert C. Byerts
Robert C. Byerts
Myers & Fuller
2822 Remington Green Circle
Tallahassee, FL 32308
(850) 878-6404
Fax (850) 942-4869
Filed January 7, 2009 1:30 PM Division of Administrative Hearings.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy hereof has been furnished by U.S. mail this
7th day of January, 2008, to DEAN BUNCH, ESQUIRE and C. EVERETT BOYD, JR.,
ESQUIRE, Sutherland Asbill & Brennan LLP, 3600 Maclay Boulevard Street, Suite 202,
Tallahassee FL 32312-1267.
Robert C. Byerts
Robert C. Byerts
FBN 440817
MYERS & FULLER, PA
2822 Remington Green Circle
Tallahassee FL 32308
850.878.6404
Fax 850.942.4869
rbyerts@dealerlawyer.com
www.dealerlawyer.com
Docket for Case No: 08-005246
Issue Date |
Proceedings |
Feb. 02, 2009 |
Final Order filed.
|
Jan. 08, 2009 |
Order Closing File. CASE CLOSED.
|
Jan. 07, 2009 |
Notice of Withdrawal filed.
|
Dec. 30, 2008 |
Motion of Chrysler Motors LLC to Establish Schedule for Expert Discovery filed.
|
Dec. 09, 2008 |
Order Granting Joint Motion for Entry of Protective Order.
|
Dec. 08, 2008 |
(Proposed) Protective Order filed.
|
Dec. 08, 2008 |
Joint Motion for Entry of Protective Order filed.
|
Dec. 01, 2008 |
Undeliverable envelope returned from the Post Office.
|
Nov. 24, 2008 |
Notice of Service of Respondent`s First Set of Interrogatories on Petitioner, Pompano Motor Company filed.
|
Nov. 24, 2008 |
Respondents` 1st Request for Production of Documents to Pompano Motor Co. d/b/a Eddie Accardi Jeep Chysler Dodge filed.
|
Nov. 24, 2008 |
Respondent, Monarch Dodge, Inc.`s First Request for Production of Documents to Petitioner, Chrysler Motors LLC filed.
|
Nov. 24, 2008 |
Notice of Service of Respondent`s First Set of Interrogatories on Petitioner, Chrysler Motors LLC filed.
|
Nov. 19, 2008 |
Petitioner Chrysler Motors LLC`s First Request for Production of Documents to Respondent Monarch Dodge, Inc., filed.
|
Nov. 19, 2008 |
Petitioner Chrysler Motors LLC`s First Set of Interrogatories to Respondent Monarch Dodge filed.
|
Nov. 18, 2008 |
Petitioner`s Notice of Serving First Set of Interrogatories on Respondent Monarch Dodge filed.
|
Nov. 06, 2008 |
Order of Pre-hearing Instructions.
|
Nov. 06, 2008 |
Notice of Hearing (hearing set for April 27 through May 1 and 4 through 8, 2009; 9:00 a.m.; Tallahassee, FL).
|
Oct. 28, 2008 |
Notice of Appearance (filed by D. Bunch).
|
Oct. 28, 2008 |
Joint Response to Initial Order filed.
|
Oct. 28, 2008 |
Notice of Appearance (filed by C. Boyd).
|
Oct. 21, 2008 |
Initial Order.
|
Oct. 21, 2008 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Oct. 21, 2008 |
Petition or Complaint Protesting Establishment of Dealership filed.
|
Oct. 21, 2008 |
Agency referral filed.
|