Petitioner: MMH AUTOMOTIVE GROUP, LLC, D/B/A MAZDA OF KENDALL
Respondent: MAZDA MOTOR OF AMERICA, INC., D/B/A MAZDA NORTH AMERICAN OPERATIONS
Judges: J. D. PARRISH
Agency: Department of Highway Safety and Motor Vehicles
Locations: Fort Lauderdale, Florida
Filed: Aug. 02, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 12, 2005.
Latest Update: Dec. 27, 2024
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 04-2687
FINAL ORDER #: HSMYV-05-538-S-DMV
MMH AUTOMOTIVE GROUP, LLC,
d/b/a MAZDA OF KENDALL, ms 3
Petitioner, ne
vs. 2
av)
MAZDA MOTOR OF AMERICA, INC., Bo
d/b/a MAZDA NORTH AMERICAN mi a
OPERATIONS, i)
Respondents.
/
FINAL ORDER
This matter came on for determination by the Department upon submission of an Order
Closing File by J. D. Parrish, 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, the proceeding is moot as Petitioner has transferred all of their assets to
Global Automotive Group, LLC, therefore,
it is ORDERED that this case is dismissed.
DONE AND ORDERED this R52 day of August, 2005, in Tallahassee, Leon County,
Florida.
Luob DP A
CARL A. FORD, Director
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 R54 day of August, 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:
Blasé T. De Leo
Mazda North American Operations
813 Baycenter Road
Jacksonville, Florida 32256
Dean Bunch, Esquire
Sutherland, Asbill & Brennan, LLP
2282 Killearn Center Boulevard
Tallahassee, Florida 32309-3576
John W. Forehand, Esquire
Lewis, Longman & Walker, P.A.
125 South Gadsden Street, Suite 300
Tallahassee, Florida 32301
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
J. D. Parrish, 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: 04-002687
Issue Date |
Proceedings |
Aug. 29, 2005 |
Final Order filed.
|
Aug. 12, 2005 |
Order Closing File. CASE CLOSED.
|
Aug. 12, 2005 |
Motion to Dismiss as Moot filed.
|
Jun. 01, 2005 |
Order Cancelling Hearing (parties to advise status by June 10, 2005).
|
May 27, 2005 |
Status Report filed.
|
Apr. 18, 2005 |
Notice of Hearing (hearing set for June 1 and 2, 2005; 9:00 a.m.; Fort Lauderdale, FL).
|
Apr. 12, 2005 |
Notice of Telephonic Motion Hearing (Motion hearing set for April 18, 2005; 10:00 a.m.).
|
Apr. 06, 2005 |
Notice of Taking Depositions filed.
|
Apr. 06, 2005 |
Notice of Serving Settlement Agreement filed.
|
Mar. 31, 2005 |
Notice of Telephonic Motion Hearing (Motion hearing set for April 8, 2005; 10:00 a.m.).
|
Mar. 31, 2005 |
Order Granting Motion to Withdraw (M. Brandes).
|
Mar. 31, 2005 |
Exhibits of Respondent filed. |
Mar. 30, 2005 |
Order Granting Motion to Stay Proceedings (parties shall provise the undersigned no later than April 6, 2005, with the buy/sell agreement).
|
Mar. 30, 2005 |
Motion to Stay Proceedings (filed by Petitioner; financial records (pages 5 and 6) are not available for viewing).
|
Mar. 30, 2005 |
Amended Notice of Video Teleconference (hearing scheduled for March 31 and April 1, 2005; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL; amended as to Video, Locations, and Time of Hearing).
|
Mar. 29, 2005 |
Pre-hearing Stipulation filed.
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Mar. 21, 2005 |
Response to Motion to Withdraw as Counsel and Request for Oral Argument filed.
|
Mar. 18, 2005 |
Motion to Withdraw as Counsel for Petitioner filed.
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Mar. 16, 2005 |
Motion to Withdraw as Counsel for Petitioner filed.
|
Mar. 01, 2005 |
Notice of Hearing (hearing set for March 31 and April 1, 2005; 9:00 a.m.; Fort Lauderdale, FL).
|
Feb. 22, 2005 |
Mazda`s Status Report and Request for Immediate Telephonic Conference to Set Hearing Date filed.
|
Feb. 14, 2005 |
Notice of Telephonic Motion Hearing (Motion hearing set for February 28, 2005; 10:00 a.m.).
|
Jan. 27, 2005 |
Status Report (filed by Respondent).
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Jan. 25, 2005 |
Status Report (filed by Petitioner).
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Jan. 03, 2005 |
Notice of Serving Asset Sale Agreement filed.
|
Dec. 23, 2004 |
Further Response to Order and Request to Schedule Final Hearing Dates filed.
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Dec. 14, 2004 |
Response to Order and Request for Immediate Hearing to Schedule Final Hearing Dates filed.
|
Dec. 10, 2004 |
Response to Motion to Lift Stay and Status Report filed.
|
Dec. 03, 2004 |
Motion to Lift Stay and Reschedule Final Hearing filed.
|
Nov. 19, 2004 |
Order (Motion to stay granted; Hearing scheduled for November 22-24, 2004, cancelled; case status to be filed by December 10, 2004).
|
Nov. 19, 2004 |
Appendix to Response in Opposition to Stay Final Hearing (via efiling by Dean Bunch).
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Nov. 19, 2004 |
Response in Opposition to Motion to Stay Final Hearing (via efiling by Dean Bunch).
|
Nov. 18, 2004 |
Motion to Stay Proceedings (filed by Petitioner via facsimile).
|
Nov. 16, 2004 |
Order Denying Motion to Continue.
|
Nov. 15, 2004 |
Second Amended Notice of Respondent`s Notice of Taking Deposition Duces Tecum (filed via facsimile).
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Nov. 15, 2004 |
Notice of Appearance (filed by M. Brandes, Esquire, via facsimile).
|
Nov. 15, 2004 |
Mazda`s Response to Motion to Continue Final Hearing (filed via facsimile).
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Nov. 12, 2004 |
Motion to Continue (filed by Petitioner via facsimile).
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Nov. 12, 2004 |
Amended Defendant`s Notice of Taking Depositions Duces Tecum (filed via facsimile).
|
Nov. 12, 2004 |
Notice of Appearance (filed by J. Forehand, Esquire, via facsimile).
|
Nov. 08, 2004 |
Notice of Telephone Conference (set for November 12, 2004, at 10:00 a.m.).
|
Nov. 08, 2004 |
Respondent`s Notice of Taking Depositions Duces Tecum (H. Hessein and M. Hessein) filed via facsimile.
|
Nov. 04, 2004 |
Motion to Enforce Order Granting Motion to Withdraw and for Sanctions against Petitioner and Request for Oral Arguement (filed by Respondent via facsimile).
|
Oct. 15, 2004 |
Second Amended Notice of Hearing (hearing set for November 22 through 24, 2004; 9:00 a.m.; Fort Lauderdale, FL; amended as to Correct Copies Furnished).
|
Oct. 14, 2004 |
Amended Order Granting Motion to Withdraw and Motion to Continue.
|
Oct. 13, 2004 |
Order Granting Motion to Withdraw and Motion to Continue. (hearing is rescheduled for November 22-24, 2004, an Amended Notice of Hearing will be rescheduled as soon as practical, except as modified herein, all other provisions of the first Notice of Hearing and of the Order of Pre-hearing Instructions shall remain in full force and effect)
|
Oct. 13, 2004 |
Amended Notice of Hearing (hearing set for November 22 through 24, 2004; 9:00 a.m.; Fort Lauderdale, FL; amended as to Dates of Hearing).
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Oct. 06, 2004 |
Notice of Appearance (via efiling by Dean Bunch).
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Oct. 01, 2004 |
Motion to Withdraw as Counsel for Petitioner (via efiling by Robert Byerts).
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Oct. 01, 2004 |
Motion to Continue Final Hearing (via efiling by Robert Byerts).
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Oct. 01, 2004 |
Notice of Service of Answers to Defendant`s First Set of Interrogatories to Plantiff filed.
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Oct. 01, 2004 |
Responses to Respondent`s First Request for Production filed by Petitioner.
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Sep. 24, 2004 |
Response to Subpoena Duces Tecum filed by R. Tucker.
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Sep. 21, 2004 |
Response to Petitioner`s First Request for Production of Documents (filed by Respondent via facsimile).
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Aug. 31, 2004 |
Defendant`s First Set of Interrogatories to Plaintiff (filed via facsimile).
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Aug. 31, 2004 |
Respondent`s Notice of Serving First Set of Interrogatories on Plaintiff (filed via facsimile).
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Aug. 31, 2004 |
Respondent`s First Request for Production of Documents (filed via facsimile).
|
Aug. 30, 2004 |
Notice of Withdrawal of Objection to Production from Non-Party (filed by Respondent via facsimile).
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Aug. 24, 2004 |
Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
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Aug. 24, 2004 |
Petitioner`s First Request for Production of Documents filed.
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Aug. 17, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 25 through 29, 2004; 9:00 a.m.; Fort Lauderdale, FL).
|
Aug. 16, 2004 |
Letter to Judge Parrish from C. Boyd, Jr. requesting that hearing be re-scheduled (filed via facsimile).
|
Aug. 16, 2004 |
Notice of Appearance (filed by C. Boyd, Jr., Esquire, via facsimile).
|
Aug. 13, 2004 |
Notice of Production from Non-party (T. Alonso and Records Custodian Mazda American Credit) filed.
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Aug. 11, 2004 |
Motion for Rescheduling of Hearing (filed by Dean Bunch via facsimile).
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Aug. 11, 2004 |
Notice of Appearance (filed by Dean Bunch via facsimile).
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Aug. 10, 2004 |
Order of Pre-hearing Instructions.
|
Aug. 10, 2004 |
Notice of Hearing (hearing set for October 18 through 22, 2004; 9:00 a.m.; Fort Lauderdale, FL).
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Aug. 09, 2004 |
Petitioner`s Response to Initial Order filed.
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Aug. 03, 2004 |
Initial Order.
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Aug. 02, 2004 |
Petition for Determination of unfair or Prohibited Discontinuation, Cancellation, or Nonrenewal filed.
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Aug. 02, 2004 |
Notice of Termination for Breach of Mazda Dealer Agreement filed.
|
Aug. 02, 2004 |
Agency referral filed.
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