Petitioner: GENERAL MOTORS CORPORATION AND ESTERO BAY CHEVROLET, INC.
Respondent: BILL BRANCH CHEVROLET, INC., AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Judges: DANIEL M. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Aug. 09, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 26, 2004.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
FINAL ORDER #: HSMV-05-159-S-DMV. 205 MAR TY P 2:25
GENERAL MOTORS CORPORATION AND
ESTERO BAY CHEVROLET, INC.,
Petitioner,
vs,
BOB TAYLOR CHEVROLET, INC.,
AND DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
Respondent.
GENERAL MOTORS CORPORATION AND
ESTERO BAY CHEVROLET, INC.,
Petitioner,
vs,
BILL BRANCH CHEVROLET, INC.,
AND DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
Respondent.
/
FINAL ORDER
UIVISIOH OF
LOM RISTRATIVE
HEARINGS
DM
Case No.: 04-2790
Case No.: 04-2791
This matter came before the Department for entry of a Final Order based upon the Order
of Closing File by Daniel M. Kilbride, an Administrative Law Judge of the Division of
Administrative Hearings, a copy of which attached and incorporated by reference in this order,
and the parties’ Joint Motion for Entry of Final Order Approving and Adopting Settlement
Terms (“Joint Motion”). The Department hereby grants the Joint Motion.
Accordingly, it is hereby
ORDERED and ADJUDGED that:
a. Petitioner General Motors Corporation is hereby granted a license for the
establishment of Estero Bay Chevrolet, Inc., or any successor or replacement dealer approved by
General Motors Corporation (collectively the “Dealer”), as a dealership for the sale and service
of Chevrolet motor vehicles at a site located at the southwest intersection of Interstate 75 and
Corkscrew Boulevard, Estero (Lee County), Florida, and as more particularly described in the
Florida Administrative Weekly, Volume 30, Number 27, July 2, 2004, pages 2734-2735, Section
XII-Miscellaneous (the “Proposed Location”), upon compliance with all applicable requirements
of Section 320.27, Florida Statues, and all applicable Department rules;
b. The Dealer may not open for business pursuant to the license granted herein until
on or after January 1, 2007;
c. The requirements of Rule 15C-7.004(7)(d), Florida Administrative Code,
concerning the timing for construction and completion of the dealership following entry of a
final order, are hereby extended to permit the Dealer to open for business on or after January 1,
2007; and
d. This matter is hereby
DISMISSED.
DONE AND ORDERED this St Aay of March, 2005, in Tallahassee, Leon County,
CARL A. FORD, Director
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Buidling
Tallahassee, Florida 32399-3060
Florida
Filed with the Clerk of the
Division of Motor Vehicles
this gh day of March, 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 Procedures
COPIES FURNISHED:
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway
Safety & Motor Vehicles
Neil Kirkman Building, A-432
Tallahassee, Florida 32399-0504
J. Martin Hayes, Esquire.
Myers & Fuller, P.A.
2822 Remington Green Circle
Tallahassee, FL 32308
Lawrence J. Lines, III, Esquire.
General Motors Legal Staff
400 Renaissance Center
P.O. Box 400
Detroit, MI 48265-4000
(313) 665-7386
Fred J. Lotterhos HI, Esquire
Holland & Knight LLP
50 N. Laura Street — Suite 3900
Jacksonville, FL 32202
Daniel M. Kilbride
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Ronald Reynolds
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, FL 32602
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS ECe, VEr
: Patera, ©” 20Q4
GENERAL MOTORS CORPORATION AND ohbg
ESTERO BAY CHEVROLET, INC.,
Petitioners,
vs. Case No. 04-2790
BOB TAYLOR CHEVROLET, INC., AND
DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES,
Respondents.
ESTERO BAY CHEVROLET, INC.,
Petitioners,
vs. Case No. 04-2791
BILL BRANCH CHEVROLET, INC.,
AND DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
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GENERAL MOTORS CORPORATION AND )
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Respondents. )
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ORDER CLOSING FILES
These causes having come before the undersigned on the
parties' joint motion to relinquish jurisdiction filed on
October 20, 2004, see Section 120.57(4), Florida Statutes, and
the undersigned being fully advised, it is, therefore,
ORDERED that:
1. The final hearing in these causes scheduled for
March 21 through 25, 2005, is hereby cancelled.
2;. The files of the Division of Administrative Hearings
are hereby closed with leave for either party to request the
Division to reopen the cases, should the settlement be
disapproved by Section 320.642, Florida Statutes. See
§ 120.569(2) (a), Fla. Stat. (2003).
DONE AND ORDERED this 26th day of October,
Tallahassee, Leon County, Florida.
2004, in
ad
DANIEL M. KILBRIDE
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee,
(850)
Florida 32399-3060
SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 26th day of October, 2004.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A432
2900 Apalachee Parkway
Tallahassee, Florida 32399
g. Martin Hayes, Esquire
Myers & Fuller, P.A.
2822 Remington Green Circle
Tallahassee, Florida 32031
Fred J. Lotterhos, III, Esquire
Holland & Knight, LLP
SO North Laura Street, Suite 3900
Jacksonville, Florida 32202
Docket for Case No: 04-002791
Issue Date |
Proceedings |
Mar. 14, 2005 |
Final Order filed.
|
Oct. 26, 2004 |
Order Closing File. CASE CLOSED.
|
Oct. 20, 2004 |
Joint Motion to Relinquish Jurisdiction to the Department of Highway Safety and Motor Vehicles with Instructions to Hold this Case in Abeyance (filed via facsimile).
|
Aug. 27, 2004 |
Respondent, Bill Branch Chevrolet Inc.`s, First Request for Production of Documents to Petitioner, General Motors Corporation filed.
|
Aug. 27, 2004 |
Respondent, Bob Taylor Chevrolet Inc.`s, First Request for Production of Documents to Petitioner, General Motors Corporation filed.
|
Aug. 27, 2004 |
Respondent, Bob Taylor Chevrolet, Inc.`s First Interrogatories to General Motors Corporation filed.
|
Aug. 27, 2004 |
Respondent, Bob Taylor Chevrolet, Inc.`s, Notice of Service of First Set of Interrogatories to Petitioner, General Motors Corporation filed.
|
Aug. 27, 2004 |
Respondent, Bill Branch Chevrolet, Inc.`s First Interrogatories to General Motors Corporation filed.
|
Aug. 27, 2004 |
Respondent, Bill Branch Chevrolet, Inc.`s, Notice of Service of First Set of Interrogatories to Petitioner, General Motors Corporation filed.
|
Aug. 19, 2004 |
Order of Pre-hearing Instructions.
|
Aug. 19, 2004 |
Notice of Hearing (hearing set for March 21 through 25, 2005; 9:00 a.m.; Tallahassee, FL).
|
Aug. 18, 2004 |
Order of Consolidation. (consolidated cases are: 04-002790 and 04-002791)
|
Aug. 17, 2004 |
Joint Response to Initial Order and Motion to Consolidate (filed via facsimile).
|
Aug. 10, 2004 |
Initial Order.
|
Aug. 09, 2004 |
Notice of Appearance filed by F. Lotterhos, Esquire via facsimile.
|
Aug. 09, 2004 |
Petition or Complaint Protesting Establishment of Dealership (filed via facsimile).
|
Aug. 09, 2004 |
Notice of Intent to Establish Estero Bay Chevrolet, Inc. as a Dealership (filed via facsimile).
|
Aug. 04, 2004 |
Agency referral filed.
|