Petitioner: GENERAL MOTORS CORPORATION AND FIELDS CADILLAC, OLDS, BUICK & PONTIAC, INC.
Respondent: BIG OAKS BUICK PONTIAC GMC, INC., AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Judges: T. KENT WETHERELL, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Apr. 08, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, October 24, 2003.
Latest Update: Jan. 10, 2025
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES —
DOAH CASE NO. 03-1269 “TAU Chin) |
FINAL ORDER #: HSMV-03-1088-S-DMV
GENERAL MOTORS CORPORATION AND
FIELDS CADILLAC, OLDS, BUICK &
PONTIAC, INC.,
Petitioners,
vs.
BIG OAKS BUICK PONTIAC GMC, INC.,
AND DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES,
Respondents.
/
FINAL ORDER
“ This matter came before the Department for entry of a Final Order based upon the Order
of Closing File by T. Kent Wetherell, I], 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 hereby
ORDERED and ADJUDGED that Petitioner, General Motors Corporation and Fields
Cadillac, Olds, Buick & Pontiac, Inc., be granted a license as a GMC dealer at, 19150 Highway
27, Lake Wales (Polk County), Florida, upon compliance with all applicable requirements of
Section 320.27, Florida Statutes, and all applicable Department rules, and that this matter is
hereby
DISMISSED.
DONE AND ORDERED this x Bony of November, 2003, in Tallahassee, Leon
County, Florida.
ARL A. FORD, De€ctor
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Dison lotr Vehicles
this ~£2 day of November, 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 he 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:
Lawrence J. Lines, III, Esquire
General Motors Corporation
Office of the General Counsel
3031 West Grand Boulevard
Post Office Box 33122
Detroit, Michigan 48202
Fred J. Lotterhos, III, Esquire
Holland & Knight, LLP
50 North Laura Street, Suite 3900
Jacksonville, Florida 32202
Mark L. Ornstein, Esquire
Killgore, Pearlman, Stamp, Ornstein
& Squire, P.A.
Post Office Box 1913
Orlando, Florida 32802-1913
T. Kent Wetherell, II
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
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS R E C E | V
ED
OT 29 apg
GENERAL MOTORS CORPORATION AND PePt of Hiphvay ga
FIELDS CADILLAC, OLDS, BUICK & Ofte of ene & att Voie
PONTIAC, INC.,
Petitioners,
vs. Case No. 03-1269
BIG OAKS BUICK PONTIAC GMC,
INC., AND DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
Respondents.
ewe wee ye we Ye Ye we SS SL
ORDER CLOSING FILE
. This cause having come before the undersigned on Notice
Voluntary Withdrawal of Protest and Dismissal with Prejudice
Respondent, Big Oaks Buick Pontiac GMC, Inc. filed on
October 23, 2003, and the undersigned being fully advised,
it is, therefore,
ORDERED that:
1. The evidentiary hearing in this cause scheduled for
November 21, 2003, is hereby cancelled.
2. The file of the Division of Administrative Hearings
the above-captioned matter is hereby closed.
DONE AND ORDERED this 24th day of October, 2003, in
Tallahassee, Leon County, Florida.
of
of
in
i feS vw plo I/F
T. KENT WETHERELL, II
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 24th day of October, 2003.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A432
2900 Apalachee Parkway
Tallahassee, Florida 32399
Lawrence J. Lines, III, Esquire
General Motors Corporation
Office of the General Counsel
3031 West Grand Boulevard
Post Office Box 33122
Detroit, Michigan 48202
Fred J. Lotterhos, III, Esquire
Holland & Knight, LLP
50 ‘North Laura Street, Suite 3900
Jacksonville, Florida 32202
Mark L. Ornstein, Esquire
Killgore, Pearlman, Stamp, Ornstein
& Squires, P.A,
Post Office Box 1913
Orlando, Florida 32802-1913
Docket for Case No: 03-001269
Issue Date |
Proceedings |
Nov. 06, 2003 |
Final Order filed.
|
Oct. 24, 2003 |
Order Closing File. CASE CLOSED.
|
Oct. 23, 2003 |
Notice of Voluntary Withdrawal of Protest and Dismissal with Prejudice of Respondent, Big Oaks Buick Pontiac GMC, Inc. (filed via facsimile).
|
Oct. 10, 2003 |
Order Continuing Final Hearing (parties to advise status by November 21, 2003).
|
Sep. 30, 2003 |
Notice of Evidentiary Hearing on the Issue of Standing. (November 21, 2003, at 9:00 a.m., at the Division of Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida)
|
Sep. 30, 2003 |
Notice of Availability for Rescheduled Hearing on Standing (filed by F. Lotterhos, III via facsimile).
|
Sep. 24, 2003 |
Order. (on or before September 30, 2003, the parties shall confer and advise the undersigned in writing as to several mutually-agreeable dates for rescheduling the evidentiary hearing on the standing issue)
|
Sep. 17, 2003 |
General Motors Corporation`s Memorandum of Law on the Issue of Standing (filed via facsimile).
|
Sep. 15, 2003 |
Pre-Hearing Stipulation (filed Joint via facsimile).
|
Sep. 09, 2003 |
Petitioner`s Notice of Taking Deposition Duces Tecum of John Giovanetti (filed via facsimile).
|
Sep. 02, 2003 |
Petitioner`s Notice of Taking Deposition Duces Tecum of John Giovanetti (filed via facsimile).
|
Sep. 02, 2003 |
Respondent`s Notice of Taking Telephone Deposition Duces Tecum, S. Farhat (filed via facsimile).
|
Aug. 20, 2003 |
Respondent`s Second Request for Production of Documents to Petitioner (filed via facsimile).
|
Aug. 19, 2003 |
Order Denying Motion for Summary Final Order and Notice of Evidentiary Hearing on the Issue of Standing. (an evidentiary hearing is hereby scheduled for September 18, 2003, at 1:00 p.m., at the Division on Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida; no later than September 15, 2,003, the parties shall file a pre-hearing stipulation)
|
Aug. 18, 2003 |
Joint Stipulation for Substitution of Counsel filed.
|
Aug. 12, 2003 |
Notice of Availability for Hearing (filed by F. Lotterhos, III via facsimile).
|
Aug. 11, 2003 |
Order Approving Substitution of Counsel (M. Ornstein substituted for J. Adams).
|
Aug. 08, 2003 |
Big Oaks Buick Pontiac GMC, Inc.`s Response to General Motors Corporation`s Motion for Summary Final Order or, Alternatively, for Evidentiary Hearing (filed via facsimile).
|
Aug. 08, 2003 |
Joint Stipulation for Substitution of Counsel (filed by J. Adams and M. Ornsteing via facsimile).
|
Aug. 01, 2003 |
Order. (Respondent shall file its response to Petitioner`s motion for summary final order on or before August 8, 2003.)
|
Jul. 31, 2003 |
Motion to Extend Time to Respond to General Motors Corporation`s Motion for Summary Final Order or, Alternatively, for Evidentiary Hearing on Respondent`s Lack of Standing (filed by M. Ornstein via facsimile).
|
Jul. 29, 2003 |
General Motors Corporation`s Motion for Summary Final Order or, Alternatively, for Evidentiary Hearing on Respondent`s Lack of Standing (filed via facsimile).
|
Apr. 17, 2003 |
Notice of Hearing issued (hearing set for November 17 through 21, 2003; 9:00 a.m.; Tallahassee, FL).
|
Apr. 17, 2003 |
Order of Pre-hearing Instructions issued.
|
Apr. 16, 2003 |
Joint Response to Initial Order (filed by J. Adams via facsimile).
|
Apr. 09, 2003 |
Notice of Appearance (filed by F. Lotterhos, III via facsimile).
|
Apr. 09, 2003 |
Initial Order issued.
|
Apr. 08, 2003 |
Notice of Intent to Establish Fields Cadillac, Olds. Buick & Pontiac, Inc., Dealership filed.
|
Apr. 08, 2003 |
Request for Hearing filed.
|
Apr. 08, 2003 |
Notice of Appearance (filed by J. Adams).
|
Apr. 08, 2003 |
Agency referral filed.
|