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GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC., D/B/A FERMAN PONTIAC BUICK GMC vs JAMES-RIVARD PONTIAC-GMC, INC., 03-004236 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-004236 Visitors: 3
Petitioner: GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC., D/B/A FERMAN PONTIAC BUICK GMC
Respondent: JAMES-RIVARD PONTIAC-GMC, INC.
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Nov. 10, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 24, 2004.

Latest Update: Jun. 14, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLE FINAL ORDER #: HSMV-05-754-S-DMV GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC. d/b/a FERMAN PONTIAC BUICK GMC, Petitioners, Case No. vs. JAMES-RIVARD PONTIAC-GMC, INC., Respondent. GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC, d/b/a FERMAN PONTIAC BUICK GMC, Petitioners, Case No. vs. CENTURY BUICK, INC., Respondent. GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC. d/b/a FERMAN PONTIAC BUICK GMC, Petitioners, VS. BRANDON BUICK, INC. Respondent. Case No. 03-4235 03-4236 03-4237 03-4238 GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC. d/b/a FERMAN PONTIAC BUICK GMC, S. : Petitioners, o ey Case No. 03-4256 4 Q vs. oO ¢ PASCO MOTORS, INC., Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files by Daniel Manry, 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, Ferman on 54, Inc d/b/a Ferman Pontiac Buick GMC, be granted a license for the sale of Pontiac, Buick GMC vehicles at SR 54 and Oak Grove Boulevard, Lutz (Pasco County), Florida 33558, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this ASM aay of November, 2005, in Tallahassee, Leon County, Florida. Zburk SD q CARL A. FORD, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 2 Filed with the Clerk of the Division of Motor Vehicles this Axl, day of November, 2005. 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: James D. Adams, Esquire Adams, Quinton & Paretti, P.A. 80 S.W. Eighth Street, Suite 2150 Miami, Florida 33130 Fred J. Lotterhos, II, Esquire Holland & Knight, LLP 50 North Laura Street, Suite 3900 Jacksonville, Florida 32202 L. Joseph Lines, I, Esquire Office of General Counsel General Motors Corporation Mail Code 482-026-601 400 Renaissance Center Post Office Box 400 Detroit, Michigan 48264 Ferman Pontiac Buick GMC 1306 West Kennedy Boulevard Tampa, Florida 33606 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 Daniel Manry 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 GENERAL MOTORS. CORPORATION AND FERMAN ON 54, INC., d/b/a FERMAN PONTIAC BUICK Gmc, ‘RECEIVED MAY 26 2004 Dept. of Highway Safety & Motor Veh . Office of Ganerat { Counse| ohies Petitioners, vs. Case Nos. 03-4235 ; 03-4236 JAMES-RIVARD PONTIAC-GMC, INC., Respondent. GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC., d/b/a FERMAN PONTIAC BUICK GMC, Petitioners, vs. Case No. 03-4237 CENTURY BUICK, INC., Respondent. GENERAL MOTORS CORPORATION AND FERMAN ON 54, INC., d/b/a FERMAN PONTIAC BUICK GMC, Petitioners, vs. Case No. 03-4238 BRANDON BUICK, INC., Respondent. wes SS SSN ee Oe a ig @ en GENERAL MOTORS CORPORATION AND Zi, DB sth FERMAN ON 54, INC., d/b/a BES, 2 FERMAN PONTIAC BUICK GMC, Gea, Petitioners, Pie vs. Case No. 03-4256 PASCO MOTORS, INC., Respondent. we eS SSS +i ORDER CLOSING FILES This cause having come-before. the undersigned on the parties' Joint Motion for Continuance, filed May 20, 2004, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for July 12 through 16 and July 19 through 23, 2004, is hereby cancelled. 2. Jurisdiction is relinquished to the Department of Highway Safety and Motor Vehicles for a final order in accordance with the parties' settlement agreement. 3. The files of the Division of Administrative Hearings are hereby closed with leave for either party to request the Division to reopen the case, should the settlement be disapproved. DONE “AND ORDERED this 24th day of May, 2004, in Tallahassee, Leon County, Florida: DANIEL MANRY 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 May, 2004. COPIES FURNISHED: James D. Adams, Esquire Adams & Quinton, P.A, 7300 West Camino Real Boca Raton, Florida 33433 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A432 2900 Apalachee Parkway Tallahassee, Florida 32399 Ferman Pontiac Buick Gmc 1306 West Kennedy Boulevard Tampa, Florida 33606 L. Joseph Lines, III, Esquire General Motors, Mail Code 482-026-601 400 Renaissance Center . Post Office Box 400 Detroit, Michigan 48265 Fred J. Lotterhos, III, Esquire Holland & Knight, LLP 50 North Laura Street, Suite 3900 Jacksonville, Florida 32202

Docket for Case No: 03-004236
Issue Date Proceedings
Nov. 30, 2005 Final Order filed.
Aug. 30, 2004 Letter to M. Alderman from K. Paretti regarding continuance of abeyance (filed via facsimile).
Aug. 13, 2004 Letter to M. Alderman from K. Paretti requesting that this matter be held in abeyance for an additional eighteen (18) days to determine is a settlement can be reached (filed via facsimile).
May 24, 2004 Order Closing File. CASE CLOSED.
May 20, 2004 Joint Motion for Continuance (filed by J. Adams via facsimile).
Dec. 29, 2003 Notice of Filing, 3 Withdrawal of Protest (filed by J. Adams via facsimile).
Dec. 26, 2003 Respondent`s First Set of Interrogatories Propounded to Petitioner, General Motors Corporation filed.
Dec. 26, 2003 Respondent`s First Request for Production Propounded to Petitioner General Motors Corporation filed.
Dec. 05, 2003 Order of Pre-hearing Instructions.
Dec. 05, 2003 Notice of Hearing (hearing set for July 12 through 16 and 19 through 23, 2004; 9:30 a.m.; Tallahassee, FL).
Dec. 03, 2003 Order Granting Consolidation. (consolidated cases are: 03-004235, 03-004236, 03-004237, 03-004238, 03-004256)
Nov. 17, 2003 Joint Response to Initial Order and Motion to Consolidate (Cases requested 03-4256, 03-4235, 03-4236, 03-4237, and 03-4238 (filed by F. Lotterhos, III via facsimile).
Nov. 14, 2003 Notice of Appearance (filed by F. Lotterhos, Esquire, via facsimile).
Nov. 10, 2003 Notice of Intent to Establish Ferman on 54, Inc., d/b/a Ferman Pontiac Buick GMC as a Dealership filed.
Nov. 10, 2003 Notice of Appearance and Notice of Protest (filed by J. Adams, Esquire).
Nov. 10, 2003 Agency referral filed.
Nov. 10, 2003 Initial Order.
Source:  Florida - Division of Administrative Hearings

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