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KAWASAKI MOTOR CORPORATION, U.S.A., AND CYCLE WORLD OF PALM BEACH, INC. vs POWERSPORTS OF DELRAY, 01-003997 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003997 Visitors: 2
Petitioner: KAWASAKI MOTOR CORPORATION, U.S.A., AND CYCLE WORLD OF PALM BEACH, INC.
Respondent: POWERSPORTS OF DELRAY
Judges: ROBERT E. MEALE
Agency: Department of Highway Safety and Motor Vehicles
Locations: West Palm Beach, Florida
Filed: Oct. 18, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 16, 2002.

Latest Update: Sep. 22, 2024
iii lis: i «Ai AB oe SARE = PEASE SSS ; STATE OF FLORIDA 1D} DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICHES:. /, DOAH CASE NOS.: 01-3397 AND 01-3998 FINAL ORDER #: HSMV-02-47-S-DMV Ren) KAWASAKI MOTOR CORPORATION AND 01-3997 U.S.A., and CYCLE WORLD OF PALM BEACH, INC., Petitioners, “Vs. POWERSPORTS OF DELRAY, Respondent. KAWASAKI MOTOR CORPORATION AND 01-3998 U.S.A., and CYCLE WORLD OF PALM BEACH, INC., Petitioners, vs. POWERSPORTS OF PALM BEACH, Respondent. / ee FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files by Robert E. Meale, 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, Cycle World of Palm Beach, Inc., be ranted a a Ticense as a franchised dealer of Kawasaki motorcycles at 1422 Hypoluxo Rd., Lantana (Palm Beach County), “Florida "33462, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 2 5 Ky of January, 2002, in Tallahassee, Leon County, Florida. “CARL 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 thiseZ, ay 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: Russell S. Kent, Esquire Sutherland; ‘Asbill & Brennan, LLP “9485 Cilleamn Center Boulevard Tallahassee, Florida 32308-3561 Jim Capps - Kawasaki Motor Corporation, U.S.A. 3110 Boat Rock Boulevard, S.W. > iq. Leigh K. Fletcher, Esq. WARREN & RUDY, P.A. P.O. Box 3913 Tampa, Florida 33601 -3913 - Michael J. Alderman, Esquire * Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Robert E. Meale ~ Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1 550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 “STATE OF FLORIDA REC ij VED 0. “OF “ADMINISTRATIVE HEARINGS nin oe JAN 18 2002 ue eg of Highway Safety & Moto KRWASAKI MOTOR CORPORATION, ) Office of General Coun at Vehiles U.S.A , AND CYCLE WORLD OF PALM ) BEACH, INC., —) ; Petitioners, ) orn \ vs. ) Case No. 01-3997 : ) POWERSPORTS OF DELRAY, ) ) Respondent. eee KAWASAKI MOTOR CORPORATION, ‘U.S.A , AND CYCLE WORLD OF PALM BEACH, INC., _ . ) ) ) ) ) ) Petitioners, ,) ) vs. ) Case No. 01-3998 ) POWERSPORTS OF PALM BEACH, ) cote sgn ) Respondent’. ) ) ee ORDER CLOSING FILES This cause having come before the undersigned on Respondent's Withdrawal of protest and Consent to Establishment, filed January 14, 2002, and the undersigned being fully advised, it is, therefore, . ORDERED that: 1. The final hearing in this cause scheduled for April 29 through May 3, 2002, is cancelled. 2. The files of the Division of Administrative Hearings in the above-captioned matter are closed. sop op er DONE AND ORDERED this 16th day of January, 2002, in Tallahassee, Leon County, Florida. i ROBERT E. MEALE 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 16th day of January, 2002. . 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 Jim Capps | Kawasaki Motor Corporation, U.S.A. 3110 Boat Rock Boulevard,. Southwest | Atlanta, Georgia 30378 Stephen B. French, Esquire Bush Ross Gardner Warren & Rudy, P.A. Post Office Box 3913” Tampa, Florida 33601-3913 Russell S. Kent, Esquire Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308

Docket for Case No: 01-003997
Issue Date Proceedings
Jan. 29, 2002 Final Order filed.
Jan. 16, 2002 Order Closing File issued. CASE CLOSED.
Jan. 14, 2002 Withdrawal of Protest and Consent to Establishment (filed by Respondents via facsimile).
Jan. 14, 2002 Withdrawal of Protest and Consent to Establishment filed by Respondents.
Nov. 15, 2001 Kawasaki Motors Corp., U.S.A.`s Notice of Taking Depositions (filed via facsimile).
Oct. 31, 2001 Notice of Hearing issued (hearing set for April 29 through May 3, 2002; 11:00 a.m.; West Palm Beach, FL).
Oct. 31, 2001 Order Consolidating Cases issued. (consolidated cases are: 01-003997, 01-003998)
Oct. 25, 2001 Notice of Appearance (filed by S. French via facsimile).
Oct. 25, 2001 Joint Response to Initial Order (filed via facsimile).
Oct. 24, 2001 First Set of Interrogatories (filed by R. Kent via facsimile).
Oct. 24, 2001 Notice of Service of First Set of Interrogatories (filed by R. Kent via facsimile).
Oct. 24, 2001 Notice of Appearance (filed by R. Kent via facsimile).
Oct. 18, 2001 Initial Order issued.
Oct. 17, 2001 Notice of Protest of the Intent to Establish a Kawasaki Franchise Dealership filed.
Oct. 17, 2001 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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