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GENERAL MOTORS CORPORATION AND FIELDS CADILLAC, OLDS, BUICK & PONTIAC, INC. vs BIG OAKS BUICK PONTIAC GMC, INC., AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 03-001269 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001269 Visitors: 3
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: Jul. 08, 2024
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.
Source:  Florida - Division of Administrative Hearings

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