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NIV MOTORCYCLES, INC. vs ITALICA MOTORS INC., 21-000624 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000624 Visitors: 23
Petitioner: NIV MOTORCYCLES, INC.
Respondent: ITALICA MOTORS INC.
Judges: DARREN A. SCHWARTZ
Agency: Department of Highway Safety and Motor Vehicles
Locations: Miami, Florida
Filed: Feb. 16, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 4, 2021.

Latest Update: Jun. 01, 2024
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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


NIV MOTORCYCLES, INC.,

Petitioner,

vs. HSMV Case No.: MS-20-432

ITALICA MOTORS INC.,

Respondent.

/


FINAL ORDER

DOAH Case No.: 21-0624


FINAL ORDER NO.: 2021

HSMV-21-0088-AS-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing File and Relinquishing Jurisdiction issued May 4, 2021, by the Honorable Darren A. Schwartz, Administrative Law Judge of the Division of Administrative Hearings, based on the parties’ Stipulation for Dismissal of Claim, dated April 29, 2021, copies of which are attached and incorporated by reference in this order.

The parties’ having stipulated for dismissal, and upon review of the record in the above-styled cause and being fully advised in the premises, the petition is DISMISSED. Accordingly, the case is CLOSED.

DONE AND ORDERED this

Leon County, Florida.

4th

day of

May

, 2021, at Tallahassee,


FILED FLHSMV AGENCY CLERK MAY 04 2021

MS-20-432

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


Page 1 of 2

NIV MOTORCYCLES, INC. v. ITALICA MOTORS INC. DOAH Case No. 21-0624

HSMV Case No. MS-20-432


Filed May 4, 2021 4:27 PM Division of Administrative Hearings


COPIES FURNISHED this 4th

Rogelio A. Del Pino, Esquire Del Pino & Associates, P.A.

75 Valencia Avenue, Fourth Floor Coral Gables, Florida 33134-6141 delpinolaw@aol.com

Gustavo A. Gutierrez, Esquire Sanchez Vadillo LLP


day of


May


, 2021, to:

Antonio Palmieri Italica Motors Inc.

10250 Northwest 89th Avenue Medley, Florida 33178-1480 antonio@italicamotors.com marcoitalica@aol.com

11402 Northwest 41st Street, Suite 202

Doral, Florida 33178-4861 ggutierrez@svlawus.com

Ed Broyles, Chief of Dealer Services

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-312 2900 Apalachee Parkway, MS 65

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov


NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in

§ 120.68, Fla. Stat., and Fla. R. App. P. 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 Fla. R. App. P. 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by 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 2 of 2

NIV MOTORCYCLES, INC. v. ITALICA MOTORS INC. DOAH Case No. 21-0624

HSMV Case No. MS-20-432


Docket for Case No: 21-000624
Issue Date Proceedings
May 04, 2021 Agency Final Order filed.
May 04, 2021 Order Closing File. CASE CLOSED.
May 03, 2021 Stipulation for Dismissal of Claim filed.
Apr. 27, 2021 Notice of Court Reporter filed.
Mar. 16, 2021 Order of Pre-hearing Instructions.
Mar. 16, 2021 Notice of Hearing by Zoom Conference (hearing set for May 11, 2021; 9:00 a.m., Eastern Time).
Mar. 15, 2021 CASE STATUS: Status Conference Held.
Mar. 02, 2021 Petitioner's Request for Status Conference filed.
Mar. 02, 2021 Petitioner's Notice of Compliance with Hon. Darren A. Schwartz Initial Order of February 24, 2021 filed.
Feb. 24, 2021 Initial Order.
Feb. 16, 2021 Agency action letter filed.
Feb. 16, 2021 Amended Petition for Hearing Pursuant to FSA 120.57 filed.
Feb. 16, 2021 Petitioner's Request for Extension of the Department of Highway Safety and Motor Vehicles (the Department) January 26, 2021 Order Granting Leave to File Second Amended Petition's Deadline to File a Second Amended Petition/Response to its Request for Clarification filed.
Feb. 16, 2021 Agency referral filed.

Orders for Case No: 21-000624
Issue Date Document Summary
May 04, 2021 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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