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MITSUBISHI MOTOR SALES OF AMERICA, INC., AND FUTURE FRANCHISES, INC., D/B/A FIRKINS MITSUBISHI vs PELICAN AUTOMOTIVE, INC., D/B/A SARASOTA MITSUBISHI, 01-003095 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003095 Visitors: 18
Petitioner: MITSUBISHI MOTOR SALES OF AMERICA, INC., AND FUTURE FRANCHISES, INC., D/B/A FIRKINS MITSUBISHI
Respondent: PELICAN AUTOMOTIVE, INC., D/B/A SARASOTA MITSUBISHI
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Aug. 06, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 20, 2001.

Latest Update: Dec. 24, 2024
“4 ©" STATE OF FLORIDA’? 8 ye _ DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Ww . “8 p DOAH CASE NO.: _ 01-3095 “FINAL ORDER #: HSMV-01-961-S-DMV MITSUBISHI MOTOR SALES OF CS LH AMERICA, INC., AND FUTURE FRANCHISES, INC., d/b/a FIRKINS MITSUBISHI, Petitioners, vs. PELICAN AUTOMOTIVE, INC., d/b/a SARASOTA MITSUBISHI, Respondents. / FINAL ORDER This matter came before the Department for entry of a Final ‘Order upon Respondent’s Amended Withdrawal of. Protest and C sent to Establishm t and the Order closing : file by Carolyn S. Holifield, an Administrative Law ¥ Judge of the “Division ot of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order on the Amended Withdrawal of Protest and Consent to Establishment as its Final Order in this matter. 7 In addition, it is ORDERED and ADJUDGED that Petitioner, Mitsubishi Motor Sales of America, Inc., and Future Franchises, Inc., d/b/a/ Firkins Mitsubishi, be granted a license as a independent motor vehicle dealer at 2600 First Street, Bradenton (Manatee County), Florida 34208, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Accordingly, it is ORDERED that this case is closed. DONE AND ORDERED this gay of January, 2002, in Tallahassee, Leon County, Florida. bl 'ARL A. FORD, ( 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 tees day of January, 2002. 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: Robert N. Clarke, Jr., Esquire AUSLEY AND MCMULLEN P.O. Box 391 Tallahassee, FL 32302 Russell S. Kent, Esquire SUTHERLAND, ASBILL & BRENNAN, LLP 2282 Killearn Center Boulevard Tallahassee, FL 32308 Daniel E. Myers, Esquire MYERS & FULLER, P.A. 402 Office Plaza Drive Tallahassee, FL 32301 Jeffrey S. Tanen, Esquire GOLDSTEIN, TANEN & TRENCH, P.A. One Biscayne Tower, Suite 3250 Two South Biscayne Boulevard Miami, FL 33131 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Carolyn S. Holifield Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 MITSUBISHI MOTOR SALES OF AMERICA, INC., FRANCHISES, INC., d/b/a FIRKINS MITSUBISHI, Petitioner, vs. PELICAN AUTOMOTIVE, INC., d/b/a SARASOTA MITSUBISHI, Respondent. —_-J- . STATE OF FLORIDA ‘DIVISION OF ADMINISTRATIVE HEARINGS AND FUTURE wee we Ye Ee Ye Ee YS LS SLL . RECEIVED DEC 2 4 2001 Dept. of Highway Safety & Motor Vehicies Office of General Counsel Case No. 01-3095 AMENDED WITHDRAWAL OF PROTEST AND » CONSENT TO ESTABLISHMENT This cause came on for consideration of Respondent, Pelican Automotive, Inc.'s, Amended Withdrawal of protest and consent to establishment. In consideration thereof, it is’. ORDERED that: 1. The file of the Division of Administrative Hearings is closed. 2 The matter is returned to the referring Agency for final order. 3. The final hearing scheduled for February 11-15 and 18- 19, 2002, is cancelled. ompere so were DONE AND ORDERED this 20th day of December, 2001, in Tallahassee, Leon County, Florida. Candas Voll CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 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 Robert N. Clarke, Jr., Esquire Ausley and McMullen Post Office Box 391 Tallahassee, Florida 32302 Russell S. Kent, Esquire . Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308 Daniel E. Myers, Esquire Myers & Fuller, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301 Jeffrey S. Tanen, Esquire Goldstein, Tanen & Trench, P.A. One Biscayne Tower, Suite 3250 Two South Biscayne Boulevard Miami, Florida 33131

Docket for Case No: 01-003095
Issue Date Proceedings
Jan. 17, 2002 Corrected Final Order filed.
Jan. 08, 2002 Final Order filed.
Dec. 20, 2001 Amended Withdrawal of Protest and Consent to Establishment issued. CASE CLOSED.
Dec. 19, 2001 Amended Withdrawal of Protest and Consent to Establishment (filed by Respondent via facsimile).
Dec. 13, 2001 Withdrawal of Protest and Consent to Establishment filed by Respondent.
Nov. 28, 2001 Stipulation of Substitution of Party Respondent (filed via facsimile).
Nov. 28, 2001 Defendant, Mitsubishi Motor Sales of America, Inc.`s Amended Notice of Taking Deposition, J. Gettel (filed via facsimile).
Nov. 19, 2001 Notice of Service of Respondent`s Answers to First Set of Interrogatories of Petitioner, Mitsubishi Motor Sales of America, Inc. filed.
Nov. 14, 2001 Defendant, Mitsubishi Motor Sales of America, Inc.`s Notice of Taking Deposition (filed via facsimile).
Nov. 07, 2001 Notice of Service of Answers to Interrogatories filed by Petitioner.
Nov. 06, 2001 Firkins` Response to Request for Production of Documents filed.
Nov. 05, 2001 Mitsubishi Motor Sales of America, inc.`s Objections and Responses to Respondent`s First Set of Interrogatories (filed via facsimile).
Nov. 05, 2001 Mitsubishi Motor Sales of America, Inc.`s Objections and Responses to Respondent`s First Request for Production of Documents (filed via facsimile).
Oct. 23, 2001 Stipulated Protective Order Governing Discovery Materials (filed via facsimile).
Sep. 17, 2001 Notice of Service of Respondent`s First Set of Interrogatories Directed to Mitsubishi Motors Sales of America, Inc. filed.
Sep. 17, 2001 Notice of Service of Respondent`s First Set of Interrogatories Directed to Future Franchises, Inc. d/b/a Firkins filed.
Sep. 13, 2001 Petitioner`s First Request for Production of Documents to Respondent Pelican Automotive, Inc., d/b/a Sarasota Mitsubishi(filed via facsimile).
Sep. 13, 2001 Petitioner`s First Set of Interrogatories to Respondent, Pelican Automotive, Inc. d/b/a Sarasota Mitsubishi (filed via facsimile).
Sep. 13, 2001 Notice of Serving First Set of Interrogatories to Respondent, Pelican Automotive, Inc. d/b/a Sarasota Mitsubishi (filed by Petitioner via facsimile).
Aug. 27, 2001 Order of Pre-hearing Instructions issued.
Aug. 27, 2001 Notice of Hearing issued (hearing set for February 11 through 15, 18, and 19, 2002; 9:00 a.m.; Tallahassee, FL).
Aug. 20, 2001 Notice of Appearance (filed by R. Clarke, Jr.).
Aug. 15, 2001 Notice of Appearance (filed by R. Kent via facsimile).
Aug. 14, 2001 Joint Response to Initial Order (filed via facsimile).
Aug. 07, 2001 Initial Order issued.
Aug. 06, 2001 Notice of New Dealership Establishment filed.
Aug. 06, 2001 Petition or Complaint Protesting Establishment of Dealership filed.
Aug. 06, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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