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GENERAL MOTORS CORPORATION AND ESTERO BAY CHEVROLET, INC. vs BILL BRANCH CHEVROLET, INC., AND DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 04-002791 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002791 Visitors: 4
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, ) ) } ) ) ) ) ) ) ) ) ) ) GENERAL MOTORS CORPORATION AND ) ) ) ) ) ) ) ) ) ) ) Respondents. ) ; ) 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.
Source:  Florida - Division of Administrative Hearings

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