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DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., D/B/A SAWGRASS CHRYSLER JEEP vs MASSEY-YARDLEY CHRYSLER PLYMOUTH, 01-003579 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003579 Visitors: 2
Petitioner: DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., D/B/A SAWGRASS CHRYSLER JEEP
Respondent: MASSEY-YARDLEY CHRYSLER PLYMOUTH
Judges: J. D. PARRISH
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 10, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 10, 2002.

Latest Update: Sep. 19, 2024
STATE OF FLORIDA & > SES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES” by , 7 Sy DOAH CASE NOS.: 01-3579 and 02-0231 spf ch FINAL ORDER #: HSMV-02-437-S-DMV DAIMLER CHRYSLER MOTORS CORPORATION AND T. T. OF COMMERCIAL, INC., d/b/a/ SAWGRASS CHRYSLER JEEP, Petitioners, Vv. MASSEY-YARDLEY CHRYSLER PLYMOUTH, Respondent. / ee FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files by J. D. Parrish, 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, T. T. of Commercial, Inc., d/b/a Sawgrass Chrysler Jeep, be granted a license for the sale of Chrysler and Jeep motor vehicles as described in the Florida Administrative Weekly, Volume 27, Number 31, Daniel E. Myers, Esquire MYERS & FULLER, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301 Thomas H. Yardley, Esquire 1970 Michigan Avenue, Building D Cocoa, Florida 32922 Dean Bunch, Esq. Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308-3561 Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esq. Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Ronald Reynolds, Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 published August 3, 2001, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. ee: DONE AND ORDERED this LF “Tay of August, 2002, in Tallahassee, Leon County, Florida. ARL A. FORD; 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 27 day of August, 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: John W. Forehand, Esquire LEWIS, LONGMAN & WALKER, P.A. 125 South Gadsden Street, Suite 300 Tallahassee, Florida 32301 J. Martin Hayes, Esquire 1834 Hermitage Boulevard, Suite 201 Tallahassee, Florida 32308

Docket for Case No: 01-003579
Issue Date Proceedings
Aug. 27, 2002 Final Order filed.
Jul. 10, 2002 Order Closing File issued. CASE CLOSED.
Jul. 09, 2002 Joint Motion for Cancellation of Hearing (filed via facsimile).
Apr. 19, 2002 Notice of Hearing issued (hearing set for July 15 through 19, 2002; 9:00 a.m.; Tallahassee, FL).
Apr. 19, 2002 Order issued (hearing cancelled).
Apr. 17, 2002 Joint Motion for Continuance in Abeyance (filed via facsimile).
Apr. 08, 2002 (Joint) Pre-Hearing Stipulation (filed via facsimile).
Apr. 02, 2002 Massey Yardley`s Reply to Daimler Chrysler`s Motion to Compel (filed via facsimile).
Apr. 02, 2002 Daimler Chrysler`s Response in Opposition to Massey-Yardley`s Motion for Discovery Sanction (filed via facsimile).
Apr. 01, 2002 Notice of Dismissal filed by J. Forehand.
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc.`s Amended Answers to Petitioner`s First Interrogatories (filed via facsimile).
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc.`s First Amended Response to Petitioner`s First Request for Production of Documents (filed via facsimile).
Apr. 01, 2002 Respondent, Massey-Yardley Chrysler Plymouth, Inc`s Notice of Filing its First Amended Response to Petitioner`s First Set of Interrogatories (filed via facsimile).
Apr. 01, 2002 Notice of Appearance (filed by J. Forehand via facsimile).
Mar. 27, 2002 Order issued (the motion to stay is denied, the motion for continuance is denied, the motion of J. Forehand to withdraw as counsel is granted).
Mar. 27, 2002 Notice of Filing (filed by J. Hayes via facsimile).
Mar. 27, 2002 Amended Notice of Hearing issued. (hearing set for April 15 through 19 and 22 through 24, 2002; 9:00 a.m.; Tallahassee, FL, amended as to Dates of Hearing).
Mar. 26, 2002 Motion for Discovery Sanction (failure to produce documents filed by T. Yardley via facsimile).
Mar. 26, 2002 Notice of Filing, Exhibit 1 from Deposition of T. Houran filed by T. Yardley
Mar. 26, 2002 Notice of Filing, 2 Volumes of Exhibit 1 filed.
Mar. 26, 2002 Amended Notice of Deposition, J. Brown (filed via facsimile).
Mar. 25, 2002 Notice of Telephonic Hearing issued (telephonic hearing set for Mrch 26, 2002, at 10:00 a.m.).
Mar. 25, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Deposition Duces Tecum, R. Dilmore (filed via facsimile).
Mar. 25, 2002 Notice of Hearing (filed by W. Forehand via facsimile).
Mar. 25, 2002 Daimlerchrysler`s Motion to Compel (filed via facsimile)
Mar. 22, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Deposition Duces Tecum, R. Dilmore (filed via facsimile).
Mar. 22, 2002 Notice of Hearing (filed by J. Forehand via facsimile).
Mar. 22, 2002 Amended Notice of Deposition, J. Browne (filed via facsimile).
Mar. 22, 2002 Response to Motion for Stay (filed by Petitioner via facsimile).
Mar. 22, 2002 Response to Motion for Continuance (filed by Petitioner via facsimile).
Mar. 22, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Taking Deposition Duces Tecum, J. Roesner (filed via facsimile).
Mar. 20, 2002 Notice of Cancellation of Deposition, J. Dimond (filed via facsimile).
Mar. 20, 2002 Amended Notice of Taking Deposition, T. Taylor (filed via facsimile).
Mar. 19, 2002 Pompano Motor Company`s Notice of Taking Deposition of Terry Taylor (filed via facsimile).
Mar. 19, 2002 Notice of Deposition, J. Brown, T. Taylor (filed via facsimile).
Mar. 18, 2002 Motion for Stay filed by J. Forehand
Mar. 15, 2002 Motion to Withdraw as Counsel for Respondent, Massey-YardleyChrysler Plymouth (filed J. Forehand via facsimile).
Mar. 15, 2002 Daimlerchrysler Motor Company, LLC`s Notice of Compliance With March 5, 2002 Order (filed via facsimile).
Mar. 15, 2002 Motion for Continuance (filed by Pompano via facsimile).
Mar. 14, 2002 Order Granting Motion to Reset Pre-Hearing Telephone Conference issued.
Mar. 12, 2002 Notice of Appearance (filed by J. Forehand).
Mar. 12, 2002 Motion to Reset Hearing (filed by Petitioner via facsimile).
Mar. 12, 2002 Daimlerchrysler Motors Company, LLC`s Second Amended Notice of Taking Deposition of Ron Jellis changed as to time only filed via facsimile).
Mar. 12, 2002 Daimlerchrysler Motors Company, LLC`s Third Amended Notice of Taking Deposition of Herbert Yardley (changed as to date and time only) (filed via facsimile).
Mar. 11, 2002 Notice of Deposition, V. Gray, J. Anderson, J. Dimond (filed via facsimile).
Mar. 08, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition, R. Jellis (filed via facsimile).
Mar. 08, 2002 Daimlerchrysler Motors Company, LLC`s Second Amended Notice of Taking Deposition, H. Yardley (filed via facsimile).
Mar. 07, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition, H. Yardley, R. Jellis (filed via facsimile).
Mar. 05, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition, H. Yardley (filed via facsimile).
Mar. 05, 2002 Order issued. (case no. 02-0328 was added to the consolidated batch; case no. 01-3580 will be closed by separate order)
Feb. 26, 2002 Withdrawal of Protest and Consent to Establishment (filed by Respondent via facsimile).
Feb. 21, 2002 Daimlerchrysler Motors Company, LLC`s Notice of Taking Deposition (2), E. Accardi, H. Yardley (filed via facsimile).
Feb. 21, 2002 Daimlerchrysler Motors Company, LLC`s Amended Notice of Taking Deposition (changed as to time only), E. Accardi (filed via facsimile).
Feb. 20, 2002 Daimlerchrysler Motor Company, LLC`s Notice of Intent to use Summary (filed via facsimile).
Feb. 14, 2002 Rebuttal to Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Reply to Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile).
Feb. 13, 2002 Daimler Chrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding Its First Set of Interrogatories and Second Request for Production of Documents (filed via facsimile).
Feb. 12, 2002 Notice of Taking Deposition, V. Gray filed.
Feb. 12, 2002 Respondent, Massey-Yardley`s Reply to Motion to Compel (filed via facsimile)
Feb. 11, 2002 Notice of Deposition, T. Houran, D. Morgan filed.
Feb. 11, 2002 Respondent, Massey-Yardley`s Motion to Strike Daimler`s Motion to Compel because of Movant`s Failure to Engage in Consultation Required by Rule 28-106.2 filed.
Feb. 11, 2002 Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile)
Feb. 11, 2002 Daimlerchrysler Motors Company, LLC`s Objections and Responses to Respondent`s January 7, 2002 Request for Production of Documents (filed via facsimile).
Feb. 08, 2002 Daimlerchrysler`s Response in Opposition to Massey-Yardley`s Motion to Compel Regarding its First Request for Production of Documents (filed via facsimile)
Feb. 08, 2002 Daimlerchyrsler Motors Company, LLC`s Motion to Quash Notice of Taking Deposition Duces Tecum of Deborah Morgan (filed via facsimile).
Feb. 08, 2002 Daimerchrysler Motors Company, LLC`s Objections to Respondent`s Request for Production of Documents Prepared by Deborah Morgan (filed via facsimile).
Feb. 08, 2002 Daimlerchrysler`s Response in Opposition to Motion to Strike (filed via facsimile).
Feb. 07, 2002 Motion to Compel filed by J. Hayes
Feb. 07, 2002 Notice of Telephone Conference issued (hearing set for February 19, 2002, 10:00 a.m.)
Feb. 07, 2002 Daimlerchrysler`s Response in Opposition to Motion to Strike (filed via facsimile).
Feb. 05, 2002 Respondent Massey-yardley`s Motion to Compel (First Request for Production to Daimlercrysler Motors Corproation) filed.
Feb. 05, 2002 Daimlerchrysler`s Response to Motion to Continue and Response to Motion to Dismiss (filed via facsimile).
Feb. 04, 2002 Motion to Compel filed by Petitioner.
Feb. 04, 2002 Respondent Massey-Yardley`s Request for Production of Documents Prepared by Deborah Morgan filed.
Feb. 04, 2002 Request for Production of Documents filed.
Feb. 04, 2002 Notice of Taking Deposition Duces Tecum, D. Morgan filed.
Feb. 04, 2002 Daimlerchrysler Motors Company, LLC`s Motion to Quash Notice of Taking Deposition Duces Tecum of Deborah Morgan (filed via facsimile).
Feb. 04, 2002 Daimlerchrysler Motors Company, LLC`s Objections to Respondent`s Request for Production of Documents Prepared by Deborah Morgan (filed via facsimile).
Feb. 01, 2002 Motion to Continue and Response to Motion to Dismiss filed by Respondents.
Jan. 29, 2002 Daimlerchrysler Motors Company, LLC`s Motion to Dismiss Petitions (filed via facsimile).
Jan. 28, 2002 Daimlerchrysler Motors Company, LLC`s Objections and Responses to Respondent`s January 8, 2002 Request for Production of Documents (filed via facsimile).
Jan. 28, 2002 Notice of Appearance (filed by D. Bunch and R. Kent via facsimile).
Jan. 24, 2002 Order of Pre-hearing Instructions issued.
Jan. 24, 2002 Amended Notice of Hearing issued. (hearing set for April 8 through 12 and 15 through 19, 2002; 9:00 a.m.; Tallahassee, FL, amended as to Include All Consolidated Cases).
Jan. 24, 2002 Order of Consolidation Cases: 02-000230, 02-000231) were added to the consolidated batch.
Jan. 17, 2002 Order of Pre-hearing Instructions issued.
Jan. 14, 2002 Daimlerchrysler Motors Company, LLC`s Objections and Responses to Respondent`s Second Request for Production of Documents (filed via facsimile).
Jan. 14, 2002 DaimlerChrysler Motors Company, LLC`s Objections and Reponses to Respondent`s First Set of Interrogatories (filed via facsimile).
Dec. 12, 2001 Daimlerchrysler Motors Corporation`s Responses to Respondents` First Set of Interrogatories (filed via facsimile).
Dec. 07, 2001 Pompano Motor Company`s Objections and Responses to Petitioner`s First Request for Production of Documents filed.
Dec. 06, 2001 Notice of Serving Respondent`s First Interrogatories to Petitioner Daimler Chrysler Corporation filed.
Dec. 05, 2001 Daimlerchrysler Motors Corporation`s Objection`s Objections and Responses to Respondent`s First Request for Production of Documents (filed via facsimile).
Dec. 03, 2001 Respondent, Massey-Yardley Chrysler Plymouth, Inc.`s Response to Petitioner`s First Request for Production of Documents filed.
Dec. 03, 2001 Notice of Service of Respondent, Massey-Yardley Chrysler Plymouth, Inc`s Unverified Answers to Petitioner`s First Set of Interrogatories filed.
Nov. 15, 2001 Order issued (the request for oral argument is denied, the Motion for Entry of Protective Order regarding the use of materials obtained through discovery in this proceeding is granted).
Nov. 13, 2001 Notice of Serving Answers to Daimlerchrysler`s First Set of Interrogatoires to Pompano Motor Company filed.
Nov. 09, 2001 Daimlerchrysler Motors Corporation`s Reply to Memorandum in Support of Its Motion for Entry of Protective Order Governing Discovery Materals (filed via facsimile).
Nov. 06, 2001 Massey-Yardley Chrysler-Plymouth, Inc.`s Request for Oral Argument (filed via facsimile).
Nov. 05, 2001 Massey-Yardley Chrysler-Plymouth, Inc.`s Memoriandum of Law in Opposition to Daimlerchrysler Motors Corporation`s Motion for Entry of Protective Order Governing Discovery Material filed.
Oct. 25, 2001 Daimlerchrysler Motors Corporation`s Motion for Entry of Protective order Governing Discovery Materials (filed via facsimile).
Oct. 24, 2001 Notice of Serving Unverified Answers to Respondent`s, Pompano Motor Company, First Set of Interrogatories to Petitioner, T.T. of Commercial, Inc. filed.
Oct. 24, 2001 Petitioner`s, T.T. of Commercial, Inc., Response to Respondent`s First Request for Production of Documents filed.
Oct. 24, 2001 Notice of Serving Unverified Answers to Respondent`s Pompano Motor Company, First Set of Interrogatories to Petitioner, T.T. of Commercial, Inc. filed.
Oct. 19, 2001 Respondent, Massey-Yardley, Inc.`s First Request for Production of Documents to DaimlerChrysler Motor Corporation filed.
Oct. 19, 2001 Notice of Appearance filed by Massey-Yardley Chrysler Plymouth, Inc.
Oct. 05, 2001 Petitioner`s First Request for Production of Documents to Respondent, Hollywood Chrysler Plymouth, Inc. (filed via facsimile).
Oct. 05, 2001 Petitioner`s First Set of Interrogatories to Respondent, Hollywood Chrysler Plymouth, Inc. (filed via facsimile).
Oct. 05, 2001 Notice of Serving First Set of Interrogatories to Respondent, Hollywood Chrysler Plymouth, Inc. (filed by Petitioner via facsimile).
Oct. 04, 2001 Petitioner`s First Request for Production of Documents to Respondent, Massey-Yardley Chrysler Plymouth, Inc. (filed via facsimile).
Oct. 04, 2001 Petitioner`s First Set of Interrogatories to Respondent, Massey-Yardley Chrysler Plymouth, Inc. (filed via facsimile).
Oct. 04, 2001 Notice of Serving First Set of Interrogatories to Respondent, Massey-Yardley Chrysler Plymouth, Inc. (filed by Petitioner via facsimile).
Oct. 04, 2001 Petitioner`s First Request for Production of Documents to Respondent, Pompany Motor Company (filed via facsimile).
Oct. 04, 2001 Petitioner`s First Set of Interrogatories to Respondent, Pompano Motor Company (filed via facsimile).
Oct. 04, 2001 Notice of Serving First Set of Interrogatories to Respondent, Pompano Motor Company (filed by Petitioner via facsimile).
Sep. 26, 2001 Notice of Appearance filed by Respondent.
Sep. 25, 2001 Order Denying Motion to Dismiss issued.
Sep. 24, 2001 Notice of Appearance (filed by Respondent).
Sep. 24, 2001 Respondent, Hollywood Chrysler Plymouth, Inc.`s Response to Petition`s Motion to Dismiss filed.
Sep. 24, 2001 Request for Oral Argument (filed by Petitioner via facsimile).
Sep. 24, 2001 Notice of Unavailability filed by Petitioner.
Sep. 20, 2001 Notice of Hearing issued (hearing set for April 8 through 12 and 15 through 19, 2002, 9:00 a.m, Tallahassee, Florida). 4/8/02)
Sep. 20, 2001 Motion for Enlargement of Time filed.
Sep. 20, 2001 Order Granting Petitioner`s Motion to Consolidate issued. (consolidated cases are: 01-003498, 01-003581, 01-003579, 01-003580)
Sep. 18, 2001 Motion to Consolidated (cases to be consolidated are: 01-398, 01-3579, 01-3580, 01-3581 filed by Petitioner via facsimile).
Sep. 18, 2001 Joint Response to Initial Order (filed via facsimile).
Sep. 13, 2001 Petitioner`s Motion to Dismiss Respondent Massey-Yardley Chrysler Plymouth, Inc. (filed via facsimile).
Sep. 11, 2001 Initial Order issued.
Sep. 10, 2001 Petition or Complaint Protesting Establishment of Dearlership filed.
Sep. 10, 2001 Agency referral filed.
Daimlerchrysler`s Response in Opposition to Motion to Strike (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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