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SOUTHEAST TOYOTA DISTRIBUTORS, LLC AND FLTVT, LLC, D/B/A MAGIC TOYOTA vs PARK AUTOMOTIVE GROUP, INC., D/B/A DELAND TOYOTA, 03-000082 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000082 Visitors: 12
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.
Source:  Florida - Division of Administrative Hearings

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