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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES vs SIXTY ONE AUTO EXPRESS, INC., 20-002952 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002952 Visitors: 17
Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent: SIXTY ONE AUTO EXPRESS, INC.
Judges: DARREN A. SCHWARTZ
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jun. 26, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 13, 2020.

Latest Update: Jul. 05, 2024
SKM_C25820082410041

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Petitioner,

v.


SIXTY ONE AUTO EXPRESS INC.,

Respondent.

./


Case No.: MS-20-077

License No.: VI-1003435

FINAL ORDER NO.: A

HSMV-20-0397- /i S-Ms

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


FINAL ORDER APPROVING SETTLEMENT AGREEMENT


This matter comes before the Department for entry of a Final Order Approving Settlement Agreement entered into between the parties in this cause.

On or about April 1, 2020, the Department issued an Administrative Complaint against the Respondent. On August 13, 2020, the Department and Respondent entered into a Settlement Agreement, to resolve the pending charges alleged in the Administrative Complaint.

Upon consideration of the Settlement Agreement, which is attached hereto, and being fully advised of the premises, it is hereby ORDERED AND ADJUDGED:

  1. The Settlement Agreement as submitted is hereby approved, adopted, and incorporated herein by reference.

  2. The parties shall adhere to and abide by all the terms and conditions of the Settlement Agreement.

  3. This Final Order shall take effect upon filing with the Department's Agency


Clerk.


Page I of3

DHSMV v. SIXTY ONE AUTO EXPRESS INC. Case No.: MS-20-077

License No.: VI-1003435


Filed August 28, 2020 12:31 PM Division of Administrative Hearings

WHEREFORE, IT IS ORDERED AND ADJUDGED:


that motor vehicle dealer license number VI-1003435 is hereby REVOKED effective immediately. Respondent shall surrender its license and all dealer and temporary tags in its possession to the Division of Motorist Services and cease doing business immediately.

THIS FINAL ORDER SHALL BECOME EFFECTIVE UPON THE FILING WITH THE AGENCY CLERK OF THE DEPARTMENT OF HIGHWAY SAFTEY AND MOTOR VEHICLES.


DONE AND ORDERED this


Leon County, Florida.


On /k!) J$ 2/ , 2020, copies were furnished to

Eric J. Cvelbar 1181 NW 57th St.

Miami, Florida 33127-1307 ecvelbarlaw@gmail.com Attorney for Respondent


Copies Also Furnished to:

Margaret Malone- Region 10 Program Administrator


Page 2 of3

DHSMV v. SIXTY ONE AUTO EXPRESS INC. Case No.: MS-20-077

License No.: VI-1003435

, 2020, at Tallahassee,


Robert Kynoch

Director of Motorist Services Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway Neil Kirkman Building Tallahassee, Florida 32399

NOTICE OF RIGHT TO APPEAL


A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190.. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.1 lO(d), and must be filed (i.e., received by the Agency Clerk) within thirty (30) days ofrendition of this final order.


Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv .gov.


Page 3 of3

DHSMV v. SIXTY ONE AUTO EXPRESS INC.

Case No.: MS-20-077

License No .: Vl-1003435


Docket for Case No: 20-002952
Issue Date Proceedings
Aug. 28, 2020 Settlement Agreement filed.
Aug. 28, 2020 Agency Final Order Approving Settlement Agreement filed.
Aug. 13, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 13, 2020 Petitioner's Motion to Cancel Hearing and Relinquish Jurisdiction filed.
Aug. 10, 2020 Notice of Service of Petitioner's First Interlocking Discovery Request filed.
Jul. 07, 2020 Order of Pre-hearing Instructions.
Jul. 07, 2020 Notice of Hearing by Zoom Conference (hearing set for September 2, 2020; 9:00 a.m.; Tallahassee).
Jul. 06, 2020 Joint Response to Initial Order filed.
Jun. 29, 2020 Initial Order.
Jun. 26, 2020 Administrative Complaint filed.
Jun. 26, 2020 Petition for Hearing filed.
Jun. 26, 2020 Election of Rights filed.
Jun. 26, 2020 Agency referral filed.

Orders for Case No: 20-002952
Issue Date Document Summary
Aug. 21, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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