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CHRYSLER MOTORS, LLC AND POMPANO MOTOR COMPANY, D/B/A EDDIE ACCARDI JEEP CHRYSLER DODGE vs MONARCH DODGE, INC., 08-005246 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005246 Visitors: 32
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.
Source:  Florida - Division of Administrative Hearings

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