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KAWASAKI MOTORS CORPORATION, U.S.A., AND J. P. CYCLES, INC., D/B/A SEMINOLE POWERSPORTS vs LAROE-MCTUREOUS, INC., D/B/A SUN STATE FUN SPORTS, 03-001760 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-001760 Visitors: 5
Petitioner: KAWASAKI MOTORS CORPORATION, U.S.A., AND J. P. CYCLES, INC., D/B/A SEMINOLE POWERSPORTS
Respondent: LAROE-MCTUREOUS, INC., D/B/A SUN STATE FUN SPORTS
Judges: DIANE CLEAVINGER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tavares, Florida
Filed: May 16, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 15, 2003.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA GC?» DEPARTMENT OF HIGHWAY SAFETY AND MOTOR vn if 2. cae a) FINAL ORDER #: HSMV-03-869-S- DMV ~ JY A Sei Pong KAWASAKI MOTORS CORPORATION, “eo U.S.A., AND J. P. CYCLES, INC., d/b/a SEMINOLE POWERSPORTS, Petitioners, S DC Clos v. 03-1760 LAROE-MCTUREOUS, INC., d/b/a SUN STATE FUN SPORTS, Respondent. KAWASAKI MOTORS CORPORATION, U.S.A., AND J. P. CYCLES, INC., d/b/a SEMINOLE POWERSPORTS, Petitioners, v. 03-1959 CYCLE SPORTS CENTER, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of Orders Closing File by Diane Cleavinger, 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 Orders Closing File as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that Petitioner, J. P. Cycles, Inc., d/b/a Seminole Powersports, be permitted to relocate its dealership to 1200 Rinehart Road, Sanford, (Seminole County), Florida 32750, for the sale of Kawasaki motor vehicles, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. : rE : DONE AND ORDERED this 2 day of July, 2003, in Tallahassee, Leon County, Florida. 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, Esq. Sutherland Asbill & Brennan LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308 C. Michael LaRoe Sun State Fun Sports 17512 New Highway 441 Mount Dora, Florida 32757 Kirby Mullins J. P. Cycles, Inc., d/b/a Seminole PowerSports 521 Lanyard Lane DeBary, Florida 32713 David Wagner Cycle Sports Center 4001 John Young Parkway Orlando, Florida 32804 Diane Cleavinger Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Ronald Reynolds, Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 03-001760
Issue Date Proceedings
Jul. 28, 2003 Final Order filed.
Jul. 15, 2003 Order Closing File. CASE CLOSED.
Jul. 09, 2003 Notice of Appearance (filed by J. Forehand, Esquire, via facsimile).
Jul. 07, 2003 Notice of Dismissal of Protest with Prejudice and Consent to Relocate (filed by J. Eden via facsimile).
Jul. 03, 2003 Order of Pre-hearing Instructions.
Jul. 03, 2003 Notice of Hearing (hearing set for August 20 through 22, 2003; 9:30 a.m.; Tavares, FL).
Jul. 02, 2003 Notice of Motion Hearing. (the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida, on July 14, 2003, at 1:00 p.m.)
Jun. 11, 2003 Order of Consolidation issued. (consolidated cases are: 03-001760, 03-001959)
Jun. 09, 2003 Motion to Dismiss by Petitioner Kawasaki Motors Corp., U.S.A. (filed via facsimile).
Jun. 04, 2003 Individual Response to Initial Order (filed by D. Bunch via facsimile).
Jun. 03, 2003 Notice of Appearance (filed by D. Bunch via facsimile).
May 19, 2003 Initial Order issued.
May 16, 2003 Proposed Relocation of Kawasaki Dealership filed.
May 16, 2003 Petition or Complaint Protesting Establishment of Dealership filed.
May 16, 2003 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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