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MMH AUTOMOTIVE GROUP, LLC, D/B/A MAZDA OF KENDALL vs MAZDA MOTOR OF AMERICA, INC., D/B/A MAZDA NORTH AMERICAN OPERATIONS, 04-002687 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002687 Visitors: 2
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.
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.
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).
Jan. 25, 2005 Status Report (filed by Petitioner).
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.
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).
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).
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).
Nov. 12, 2004 Motion to Continue (filed by Petitioner via facsimile).
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).
Oct. 06, 2004 Notice of Appearance (via efiling by Dean Bunch).
Oct. 01, 2004 Motion to Withdraw as Counsel for Petitioner (via efiling by Robert Byerts).
Oct. 01, 2004 Motion to Continue Final Hearing (via efiling by Robert Byerts).
Oct. 01, 2004 Notice of Service of Answers to Defendant`s First Set of Interrogatories to Plantiff filed.
Oct. 01, 2004 Responses to Respondent`s First Request for Production filed by Petitioner.
Sep. 24, 2004 Response to Subpoena Duces Tecum filed by R. Tucker.
Sep. 21, 2004 Response to Petitioner`s First Request for Production of Documents (filed by Respondent via facsimile).
Aug. 31, 2004 Defendant`s First Set of Interrogatories to Plaintiff (filed via facsimile).
Aug. 31, 2004 Respondent`s Notice of Serving First Set of Interrogatories on Plaintiff (filed via facsimile).
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).
Aug. 24, 2004 Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
Aug. 24, 2004 Petitioner`s First Request for Production of Documents filed.
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.
Aug. 11, 2004 Motion for Rescheduling of Hearing (filed by Dean Bunch via facsimile).
Aug. 11, 2004 Notice of Appearance (filed by Dean Bunch via facsimile).
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).
Aug. 09, 2004 Petitioner`s Response to Initial Order filed.
Aug. 03, 2004 Initial Order.
Aug. 02, 2004 Petition for Determination of unfair or Prohibited Discontinuation, Cancellation, or Nonrenewal filed.
Aug. 02, 2004 Notice of Termination for Breach of Mazda Dealer Agreement filed.
Aug. 02, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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