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AMERICAN HONDA MOTOR CO., INC., AND PERFORMANCE NEW TAMPA, INC. vs MOTORSPORTS OF TAMPA, L.L.C., 04-004116 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004116 Visitors: 8
Petitioner: AMERICAN HONDA MOTOR CO., INC., AND PERFORMANCE NEW TAMPA, INC.
Respondent: MOTORSPORTS OF TAMPA, L.L.C.
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tampa, Florida
Filed: Nov. 15, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 4, 2005.

Latest Update: Jul. 05, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICEES ie? SG82 a = ¥ 3 DOAH CASE NO.: 04-4116 Go ome ~ yo FINAL ORDER #: HSMYV-05-498-S-DMV > ™ AMERICAN HONDA MOTOR CO, INC., = AND PERFORMANCE NEW TAMPA, INC., Z| Petitioners, vs. MOTORSPORTS OF TAMPA, L.L.C, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Carolyn S. Holifield, 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, Performance New Tampa, Inc., be granted a license for the sale of Honda motorcycles, at 28009 Wesley Chapel Boulevard, Zephyrhills, (Pasco County), Florida 33543, upon compliance with all applicable requirements of section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 5 day of August, 2005, in Tallahassee, Leon County, Florida. Lobvab DO. fro CARL A. FORD, Director a 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 St _ 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: Hal K. Litchford, Esquire Litchford & Christopher 309 North Orange Avenue Post Office Box 1549 Orlando, Florida 32802 J, Martin Hayes, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Fred R. Dudley, Esquire Akerman, Senterfitt 106 East College Avenue, Suite 1200 Tallahassee, Florida 32301 Rodin Younessi, Esquire 7999 North Federal Highway, Suite 101 Boca Raton, Florida 33487 Carolyn S. Holifield Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Ronald Reynolds, Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 04-004116
Issue Date Proceedings
Aug. 09, 2005 Final Order filed.
Aug. 04, 2005 Order Closing File. CASE CLOSED.
Aug. 03, 2005 Notice of Voluntary Dismissal filed.
Jul. 20, 2005 Amended Notice of Taking Deposition filed.
Jul. 18, 2005 Status Report filed.
Jul. 18, 2005 American Honda`s Status Report on Discovery Issues filed.
Jul. 12, 2005 Notice of Taking Deposition filed.
Jul. 11, 2005 Notice of Taking Deposition (W. Kern) filed.
Jul. 07, 2005 Notice of Taking Deposition filed.
Jul. 07, 2005 Notice of Taking Video Deposition of John Hamer filed.
Jul. 06, 2005 Respondent, Motorsports of Tampa, Inc.`s Notice of Service of Filing Supplemental Answers to Petitioner`s First Set of Interrogatories filed.
Jul. 06, 2005 Performance New Tampa, Inc.`s Response to Motorsports of Tampa, LLC`s First Request for Production of Documents filed.
Jul. 06, 2005 Notice of Service of Petitioner, Performance New Tampa, Inc.`s Answers to Motorsports of Tampa, LLC`s First Set of Interrogatories filed.
Jul. 01, 2005 American Honda`s Notice of Conflict and Resulting Cancellation of Hearing Unilaterally Set by Motorsports of Tampa, L.L.C. on July 6, 2005 filed.
Jul. 01, 2005 Notice of Appearance filed.
Jul. 01, 2005 Notice of Appearance filed.
Jun. 29, 2005 Amended Notice of Hearing filed.
Jun. 29, 2005 Notice of Hearing filed.
Jun. 28, 2005 American Honda`s Third Request for Production to Motorsports of Tampa, L.L.C filed.
Jun. 28, 2005 Motion to Compel Responses to Interrogatories, Responses to Request to Produce and for Costs and Sanctions filed.
Jun. 23, 2005 Notice of Taking Deposition (Paul Gross) filed.
Jun. 23, 2005 Notice of Taking Deposition (Tom Longo) filed.
Jun. 21, 2005 Amended Notice of Taking Deposition filed.
Jun. 17, 2005 Notice of Taking Deposition filed.
Jun. 16, 2005 Notice of Taking Deposition filed.
Jun. 01, 2005 Performance New Tampa, Inc.`s Objections to Motorsports` First Request to Produce filed.
May 31, 2005 Performance New Tampa, Inc.`s Objections to Motorsports` First Set of Interrogatories filed.
May 24, 2005 Order of Pre-hearing Instructions.
May 24, 2005 Notice of Hearing (hearing set for August 8 through 12, 2005; 9:30 a.m.; Tampa, FL).
May 17, 2005 Notice of Serving Answers to Interrogatories filed.
May 17, 2005 Coordinated Proposed Revised Case Schedule filed.
May 16, 2005 Notice of Unavailability filed.
May 12, 2005 Order Granting Continuance and Requiring a Response (parties to advise status by May 17, 2005).
May 11, 2005 Affidavit of Wyndell T. Kern in Support of American Honda`s Opposition to Respondent, Motorsports of Tampa, L.L.C.`s Motion for Continuance filed.
May 10, 2005 Notice of Withdrawal of Respondent`s Motion to Relinquish Jurisdiction and Motion to Dismiss filed.
May 10, 2005 Notice of Hearing filed.
May 05, 2005 Affidavit of Joseph F. Roesner, M.B.A., C.M.A. in Support of Motion for Stay of Administrative Proceedings filed.
May 05, 2005 Notice of Filing Affidavit filed.
May 02, 2005 Unopposed Motion to Substitute Pleading filed.
Apr. 29, 2005 Motorsports` Response to Honda`s Memorandum in Opposition to Motorsports of Tampa, LLC`s Motion for Continuance filed.
Apr. 27, 2005 Respondent, Motorsports of Tampa, LLC`s Response to American Honda Motor Co., Inc.`s Second Request to Produce filed.
Apr. 25, 2005 Respondent, Motorsports of Tampa, LLC`s, Inc.`s First Set of Interrogatories to Petitioner, Performance New Tampa, Inc. filed.
Apr. 25, 2005 Respondent, Motorsports of Tampa, LLC`s, Inc.`s Notice of Service of First Set of Interrogatories to Performance New Tampa, Inc. filed.
Apr. 25, 2005 Respondent, Motorsprots of Tampa, LLC`s, Inc.`s First Request to Produce Documents to Performance New Tampa, Inc. filed.
Apr. 22, 2005 American Honda`s Memorandum of Law in Opposition to Respondent Motorsports of Tampa, L.L.C.`s Motion for Continuance filed.
Apr. 22, 2005 Notice of Agreed Enlargment of Time for American Honda to Respond to Respondent Motorsports of Tampa, L.L.C.`s Motion to Compel and for Sanctions filed.
Apr. 21, 2005 Notice of Unavailability filed.
Apr. 18, 2005 American Honda`s Memorandum of Law in Opposition to Respondent Motorsports of Tampa, L.L.C.`s Motion to Relinquish Jurisdiction and Motion to Dismiss filed.
Apr. 18, 2005 Motion to Compel and for Sanctions filed.
Apr. 18, 2005 Motion for Continuance filed.
Apr. 15, 2005 Unopposed Motion for an Enlargement of Time filed.
Apr. 14, 2005 Respondent, Motorsports of Tampa, Inc.`s Notice of Service of Second Interrogatories to American Honda Motor Co., Inc. filed.
Apr. 08, 2005 Motion to Relinquish Jurisdiction and Motion to Dismiss filed.
Mar. 30, 2005 Response to Motion to Compel and Request for Sanctions filed.
Mar. 28, 2005 Order (Respondent`s Motion for Extension of Time to Respond to Motion to Compel granted, response to Petitioner`s motion to compel is extended to March 30, 2005).
Mar. 24, 2005 Motion for Extension of Time to Respond to Motion to Compel (filed by Respondent).
Mar. 24, 2005 Notice of Appearance (filed by J. Hayes, Esquire).
Mar. 24, 2005 Motion to Withdraw as Counsel (filed by S. Frazier).
Mar. 22, 2005 Notice of Appearance (filed by S. Frazier, Esquire).
Mar. 10, 2005 Motion to Compel and for Sanctions (filed by H. Litchford).
Mar. 09, 2005 Notice of Withdrawal of Petitioners` Joint Motion to Dismiss or, in the Alternative, for Summary Recommended Order Dismissing Protest, without Prejudice filed.
Mar. 08, 2005 American Honda`s Second Request for Production to Motorsports of Tampa, L.L.C. filed.
Mar. 04, 2005 Notice of Unavailability (filed by R. Younessi).
Feb. 23, 2005 Notice of Serving Answers to Interrogatories (filed by Petitioner).
Feb. 23, 2005 Notice of Taking Deposition Duces Tecum of Corporate Representative of Motrosports of Tampa, L.L.C. filed.
Feb. 22, 2005 Respondent`s Answer and Objections to Petitioner`s, American Honda Motor Co., Inc., First Set of Interrogatories filed.
Feb. 22, 2005 Respondent`s Response and Objections to Petitioner, American Honda Motor Co. Inc., First Request for Production filed.
Feb. 22, 2005 Respondent`s Response to Petitioner`s, American Honda Motor Co., Inc. Request for Admission filed.
Feb. 22, 2005 American Honda`s Objections and Responses to Motorsports` First Request for Production filed.
Feb. 09, 2005 American Honda`s Responses to Motorsprots` First Request for Admissions filed.
Feb. 04, 2005 Order of Pre-hearing Instructions.
Feb. 04, 2005 Notice of Hearing (hearing set for June 7 through 10, 2005; 9:00 a.m.; Orlando, FL).
Jan. 11, 2005 Respondent`s Request for Admissions filed.
Dec. 20, 2004 American Honda`s First Request for Production to Motorsports of Tampa, L.L.C. filed.
Dec. 20, 2004 Motorsports of Tampa, L.L.C.`s, Notice of Serving First Set of Interrogatories to Petitioner, American Honda Motor Co., Inc. filed.
Dec. 20, 2004 American Honda`s Request for Admissions by Motorsports of Tampa, L.L.C. filed.
Dec. 20, 2004 Respondent`s First Set of Interrogatories Propounded to Petitioner, American Honda Motor Co., Inc. filed.
Dec. 20, 2004 Notice of Service of iAmerican Honda`s First Set of Interrogatories to Respondent Motorsports of Tampa, L.L.C. filed.
Dec. 20, 2004 First Request for Production Propounded to Petitioner American Honda Motor Co., Inc. (filed by Respondent).
Dec. 06, 2004 Respondent`s Memorandum in Opposition to Petitioners` Joint Motion to Dismiss or, in the Alternative, for Summary Reccomended Final Order Dismissing, Respondent Motorsprots of Tampa, L.L.C.`s Protest filed.
Dec. 06, 2004 Petitioners` Joint Motion to Dismiss or, in the Alternative, for Summary Reccomended Final Order Dismissing, Respondent Motorsprots of Tampa, L.L.C.`s Protest filed.
Nov. 23, 2004 Coordinated Response to Initial Order filed.
Nov. 19, 2004 Notice of Appearance (filed by F. Dudley, Esquire).
Nov. 19, 2004 Notice of Appearance (filed by H. Litchford, Esquire, via facsimile).
Nov. 16, 2004 Initial Order.
Nov. 15, 2004 Notice of Appearance, Requesting a Hearing filed.
Nov. 15, 2004 Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of More than 300,000 Population filed.
Nov. 15, 2004 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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