Petitioner: SOUTHEAST TOYOTA DISTRIBUTORS, LLC AND FLTVT, LLC, D/B/A MAGIC TOYOTA
Respondent: PARK AUTOMOTIVE GROUP, INC., D/B/A DELAND TOYOTA
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jan. 08, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 15, 2003.
Latest Update: Jan. 05, 2025
STATE OF FLORIDA O34 5,
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES22 Pi 2: 95
DOAH CASE NO.: 03-0082 Cs Hp!
FINAL ORDER #: HSMV-03-868-S-DMV
SOUTHEAST TOYOTA DISTRIBUTORS,
LLC AND FLTVT, LLC, d/b/a MAGIC
TOYOTA,
Petitioners,
vs.
PARK AUTOMOTIVE GROUP, INC.,
d/b/a DELAND TOYOTA,
Respondent.
—— /
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing File by Carolyn Holifield, 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, FLTVT, LLC d/b/a Magic Toyota, be
permitted to relocate its Toyota dealership to a site located to the westerly right of way line of
Town Center Boulevard, Longwood (Seminole County), Florida, 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.
DONE AND ORDERED this 25 ay of July, 2003, in Tallahassee, Leon County,
Florida.
ARL A’
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 2% “day of July, 2003.
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, LLP
2282 Killearn Center Boulevard
Tallahassee, Florida 32309
John W. Forehand, Esquire
Lewis, Longman & Walker, P.A.
125 South Gadsden Street, Suite 300
Tallahassee, Florida 32301-1525
John O’ Donoghue
Southeast Toyota Distributors, LLC
100 Northwest 12" Avenue
Deerfield Beach, Florida 33442
Mark L. Ornstein, Esquire
Killgore, Pearlman, Stamp, Ornstein
& Squires, P.A.
Post Office Box 1913
Orlando, Florida 32802-1913
L. Taylor Ward
Linda Kleinman
Southeast Toyota Distributors, LLC
100 Jim Moran Boulevard
Deerfield Beach, Florida 33442
Michael J. Alderman, Esq.
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432-02
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
Docket for Case No: 03-000082
Issue Date |
Proceedings |
Jul. 28, 2003 |
Final Order filed.
|
Jul. 15, 2003 |
Order Closing File. CASE CLOSED.
|
Jul. 11, 2003 |
Notice of Voluntary Withdrawal of Protest and Dismissal with Prejudice of Parks Automotive Group, Inc., d/b/a Deland Toyota (filed by Respondent via facsimile).
|
Jul. 09, 2003 |
Pre-Hearing Stipulation (via efiling).
|
Jul. 08, 2003 |
Response to Respondent`s to Motion to Dismiss for Lack Jurisdiction Based on Mootness (via efiling).
|
Jun. 25, 2003 |
Letter to DOAH from J. Helms enclosing omitted exhibit a to Respondent`s motion to dismiss for lack of jurisdiction based on mootness (filed via facsimile).
|
Jun. 25, 2003 |
Respondent`s Motion to Dismiss for Lack of Jurisdiction Based on Mootness (filed via facsimile).
|
Jun. 02, 2003 |
Notice of Taking Deposition J. Roesner (filed via facsimile).
|
May 29, 2003 |
Notice of Taking Deposition, P. Snyder, R. Parks (filed via facsimile).
|
May 23, 2003 |
Second Amended Notice of Taking Deposition, S. Harrison (filed via facsimile).
|
May 22, 2003 |
Notice of Taking Deposition (2), B. Penniman, C. Van Tuyl (filed via facsimile).
|
May 21, 2003 |
Amended Notice of Taking Deposition (4), S. Harrison, K. Czubay, W. Bovard, J. O`Donoghue (filed via facsimile).
|
May 20, 2003 |
Amended Notice of Taking Deposition, S. Farhat (filed via facsimile).
|
May 20, 2003 |
Notice of Taking Deposition (2), W. Bovard, K. Czubay filed.
|
May 15, 2003 |
FLTVT, LLC d/b/a Magic Toyota`s First Request for Production of Documents to Park Automotive Group, Inc. d/b/a Deland Toyota (filed via facsimile).
|
May 08, 2003 |
Notice of Taking Deposition, S. Farhat filed.
|
Apr. 23, 2003 |
Protective Order issued.
|
Mar. 25, 2003 |
FLTVT, LLC d/b/a Magic Toyota`s Response to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Mar. 25, 2003 |
Notice of Service of FLTVT, LLC d/b/a Magic Toyota`s Verified Response to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Mar. 06, 2003 |
FLTVT, LLC d/b/a Magic Toyota`s Response to Respondent`s First Request for Production of Documents (filed via facsimile).
|
Mar. 06, 2003 |
FLTVT, LLC d/b/a Magic Toyota`s Response to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Mar. 06, 2003 |
Notice of Service of FLTVT, LLC d/b/a Magic Toyota`s Unverfied Response to Respondent`s First Set of Interrogatories (filed via facsimile).
|
Feb. 27, 2003 |
(Proposed) Protective Order (filed via facsimile).
|
Feb. 27, 2003 |
Joint Motion for Entry of Protective Order (filed via facsimile).
|
Feb. 26, 2003 |
Petitioner`s Response to Respondent`s First Request for Production of Documents to Petitioner, Southeast Toyota Distributors, LLC and Motion for Protective Order Filed by Toyota Motor Sales, U.S.A., Inc. (filed via facsimile).
|
Feb. 26, 2003 |
Petitioner`s Response to Respondent`s First Set of Interrogatories to Petitioner, Southeast Toyota Distributors, LLC (filed via facsimile).
|
Feb. 06, 2003 |
Order of Pre-hearing Instructions issued.
|
Feb. 06, 2003 |
Notice of Hearing issued (hearing set for July 15 through 18 and 21 through 23, 2003; 9:00 a.m.; Tallahassee, FL).
|
Jan. 30, 2003 |
Notice of Appearance (filed by M. Ornstein via facsimile).
|
Jan. 22, 2003 |
Notice of Serving of Interrogatories filed by J. Forehand.
|
Jan. 22, 2003 |
Rspondent`s First Request for Production of Documents to Petitioner, Southeast Toyota Distributors, LLC filed.
|
Jan. 22, 2003 |
Respondent`s First Request for Production of Documents to Petitioner, FLTVT, LLC, d/b/a Magic Toyota filed.
|
Jan. 21, 2003 |
(Joint) Response to Initial Order (filed via facsimile).
|
Jan. 14, 2003 |
Initial Order issued.
|
Jan. 14, 2003 |
Notice of Appearance (filed by D. Bunch via facsimile).
|
Jan. 08, 2003 |
Petition or Complaint Protesting Establishment of Dealership filed.
|
Jan. 08, 2003 |
Agency referral filed.
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