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GENERAL MOTORS AND BILL HEARD CHEVROLET, INC. vs T. THOMAS CHEVROLET, INC., D/B/A MICHAEL HOLLEY CHEVROLET, 01-001436 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001436 Visitors: 1
Petitioner: GENERAL MOTORS AND BILL HEARD CHEVROLET, INC.
Respondent: T. THOMAS CHEVROLET, INC., D/B/A MICHAEL HOLLEY CHEVROLET
Judges: WILLIAM R. CAVE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Apr. 13, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 26, 2001.

Latest Update: Jul. 02, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICI DOAH CASE NO.: 01-1436 FINAL ORDER #: HSMV-01-892-S-DMV GENERAL MOTORS AND BILL HEARD CHEVROLET, INC., Petitioners, vs. T. THOMAS CHEVROLET, INC. d/b/a MICHAEL HOLLEY CHEVROLET, , Respondent. / a FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by William R. Cave, 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, Bill Heard Chevrolet, Inc., be permitted to relocate its dealership, for the sale of Chevrolet, to a location at the Northeast Corner of Interstate 4 and North Park Road (Exit 14), Plant City (Hillsborough County), Florida, on or after June 1, 2002, and that its license shall be amended accordingly, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. , if ; DONE AND ORDERED this 40 day of November, 2001, in Tallahassee, Leon County, Florida. , Director 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 day of November, 2001. 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: Dean Bunch, Esquire Sutherland, Asbill & Brennan, L.L.P. 2282 Killearn Center Boulevard Tallahassee, Florida 32309 J. Martin Hayes, Esquire 1834 Hermitage Boulevard, Suite 201 Tallahassee, Florida 32308 Fred J. Lotterhos III, Esquire Holland & Knight LLP 50 North Laura Street, Suite 3900 P.O. Box 52687 Jacksonville, Florida 32201-2687 Daniel E. Myers, Esquire Myers & Fuller, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 William R. Cave Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 —- STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GENERAL MOTORS AND BILL HEARD CHEVROLET, INC., Petitioner, vs. Case No. 01-1436 T. THOMAS CHEVROLET, INC., d/b/a MICHAEL HOLLEY CHEVROLET, Respondent. wee SS SSS SS ORDER CLOSING FILE This cause having come before the undersigned on Respondent's Voluntarily Dismissal of Protest with Prejudice filed on November 21, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for December 17 through 21, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 26th day of November, 2001, in Tallahassee, Leon.County, Florida. WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway RECEIVED Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 NOV 2g 2001 Fax Filing (850) 921-6847 www.doah.state.fl.us Highway Safety & Motor Vehicles . Dept O ofe of General Counsel Filed with the Clerk of the Division of Administrative Hearings this 26th day of November, 2001. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A432 Tallahassee, Florida 32399-0500 J. Martin Hayes, Esquire 1834 Hermitage Boulevard, Suite 201 Tallahassee, Florida 32308 Fred J. Lotterhos, III, Esquire Holland & Knight, LLP 50 North Laura Street, Suite 3900 Post Office Box 52687 Jacksonville, Florida 32201-2687 Daniel E. Myers, Esquire Myers & Fuller, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301

Docket for Case No: 01-001436
Issue Date Proceedings
Dec. 05, 2001 Final Order filed.
Nov. 26, 2001 Order Closing File issued. CASE CLOSED.
Nov. 21, 2001 Voluntary Dismissal of Protest With Prejudice filed by Respondents.
Nov. 06, 2001 Petitioner, Bill Heard Chevrolet, Inc., Plant City`s Notice of Taking Deposition (filed via facsimile).
Oct. 25, 2001 Respondent`s Response to Bill Heard Chevrolet, Inc.`s Second Request for Production of Documents (filed via facsimile).
Oct. 25, 2001 Amended Notice of Taking Deposition J. Anderson filed.
Oct. 22, 2001 Notice of Taking Deposition (J. Anderson) filed.
Oct. 01, 2001 Order Closing File issued For Case No. 01-1432 ONLY CASE CLOSED.
Sep. 28, 2001 Voluntary Dismissal of Protest With Prejudice filed by Respondents.
Sep. 17, 2001 Respondent`s Notice of Serving First Set of Interrogatories to Petitioner, Bill Heard Chevrolet, inc., Plant City filed.
Sep. 06, 2001 Notice of Service of Respondent, T. Thomas Chevrolet, Inc., d/b/a Michael Holley Chevrolet`s Response to Bill Heard Chevrolet, Inc.`s First Interrogatories filed.
Sep. 05, 2001 Protective Order issued.
Sep. 05, 2001 Order Compelling Production of Documents issued.
Aug. 29, 2001 Consent to Entry of Stipulation and Agreed Protective Order (filed by Petitioner via facsimile).
Aug. 29, 2001 Letter to Judge Cave from D. Morton concerning the documents pertaining to the Motion to Compel (filed via facsimile).
Aug. 28, 2001 Letter to Judge Cave from D. Morton in response to the judge`s request for a statement of the issues (filed via facsimile).
Aug. 28, 2001 Respondent, T. Thomas Chevrolet, Inc. d/b/a Michael Holley Chevrolet`s Response to Bill Heard Chevrolet, Inc.`s Motion to Compel filed.
Aug. 14, 2001 Notice of Appearance (filed by J. Hayes).
Aug. 10, 2001 Motion to Compel and for Entry of Protective Order filed by Bill Heard Chevrolet, Inc., Plant City
Jul. 25, 2001 Respondent`s Response to Bill Heard Chevrolet, Inc.`s First Request for Production of Documents filed.
Jun. 27, 2001 Voluntary Dismissal of Protest without Prejudice (filed via facsimile).
Jun. 20, 2001 Petitioner General Motors Corporation`s Response to Respondent Fermen Motor Car Company, Inc.`s First Set of Interrogatories filed.
Jun. 20, 2001 Petitioner General Motors Corporation`s Notice of Filing Response to Respondent Fermen Motor Car Company, Inc.`s First Set of Interrogatories filed.
Jun. 20, 2001 Petitioner General Motors Corporation`s Response to Respondent Fermen Motor Car Company, Inc.`s First Request for Production of Documents filed.
Jun. 14, 2001 Petitioner`s First Set of Interrogatories to Ferman Motor Car Company, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Notice of Serving First Set of Interrogatories to T. Thomas Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Second Request for Production of Documents to Ferman Motor Car Company, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Second Set of Interrogatories to Ferman Motor Car Company, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Notice of Serving Second Set of Interrogatories to Ferman Motor Car Company, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s First Request for Production of Documents to T. Thomas Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s First Set of Interrogatories to T. Thomas Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Notice of Serving Second Set of Interrogatories to T. Thomas Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Second Request for Production of Documents to Buddy Foster Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Second Set of Interrogatories to Buddy Foster Chevrolet, Inc. (filed via facsimile).
Jun. 14, 2001 Petitioner`s Notice of Serving Second Set of Interrogatories to Buddy Foster Chevrolet, Inc. (filed via facsimile).
May 29, 2001 First Interrogatory, Request for Production of Documents, and Request for Admission Regarding Standing filed by Bill Heard Chevrolet, Inc..
May 14, 2001 Notice of Appearance (filed by Petitioner, Bill Heard Chevrolet, Inc.).
May 10, 2001 Respondent`s First Request for Production of Documents to Petitioner, General Motors Corporation filed.
May 10, 2001 Notice of Service of Respondent`s First Set of Interrogatories Directed to Petitioner filed.
May 04, 2001 First Interrogatory, Request for Production of Documents, and Request for Admission Regarding Standing, Buddy Foster (filed via facsimile).
May 04, 2001 First Interrogatory, Request for Production of Documents, and Request for Admission Regarding Standing (filed via facsimile).
May 03, 2001 Order of Pre-hearing Instructions issued.
May 03, 2001 Notice of Hearing issued (hearing set for December 17 through 21, 2001; 9:00 a.m.; Tallahassee, FL).
May 03, 2001 Order of Consolidation issued. (consolidated cases are: 01-001432, 01-001435, 01-001436)
Apr. 23, 2001 Joint Response to Initial Order filed.
Apr. 20, 2001 Response to Initial Order (filed by Respondent via facsimile).
Apr. 18, 2001 Notice of Appearance (filed by F. Lotterhos, III via facsimile).
Apr. 13, 2001 Initial Order issued.
Apr. 13, 2001 Petition or Complaint Protesting Establishment of Dealership filed.
Apr. 13, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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