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TOYOTA MOTOR SALES U.S.A., INC., AND JM AUTO II, INC. vs WINTER PARK IMPORTS, INC., D/B/A LEXUS OF ORLANDO, 05-000384 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000384 Visitors: 6
Petitioner: TOYOTA MOTOR SALES U.S.A., INC., AND JM AUTO II, INC.
Respondent: WINTER PARK IMPORTS, INC., D/B/A LEXUS OF ORLANDO
Judges: JEFF B. CLARK
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jan. 31, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 14, 2006.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA ny DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 4,5, ep OG Le, pio, DOAH CASE NO.: 05-0384 a YS ae ‘ ¢ FINAL ORDER #: HSMV-06-234-S-DMV “hg se" Ab TOYOTA MOTOR SALES, U.S.A., INC. AND JM AUTO II, INC., Petitioner, vs. WINTER PARK IMPORTS, INC., d/b/a LEXUS OF ORLANDO, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Jeff B. Clark, 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 hereby ORDERED that this case is CLOSED. DONE AND ORDERED this Bk any of February, 2006, in Tallahassee, Leon County, Zobwerdl, br b— foe CARL A. FORD, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Florida. Filed with the Clerk of the Division of Motor Vehicles this lok day of February, 2006. NOTICE OF APPEAL RIGHTS Judicial review of this order may be liad 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: John W. Forehand, Esquire Lewis, Longman & Walker, P.A. 125 South Gadsden Street, Suite 300 Tallahassee, Florida 32301 Dean Bunch, Esquire Sutherland, Asbill & Brennan,-LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32309-3576 Ladd H. Fassett, Esquire Fassett, Anthony & Taylor, P.A. Post Office Box 3387 Orlando, Florida 32802-3387 Steven A. McKelvey, Jr., Esquire Nelson, Mullins, Riley & Scarborough, LLP 1320 Main Street, 17" Floor Post Office Box 11070 Columbia, South Carolina 29201 Michael J. Alderman, Esquire Department of Highway Safety And Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Jeff B. Clark 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: 05-000384
Issue Date Proceedings
Feb. 27, 2006 Final Order filed.
Feb. 17, 2006 Letter to C. Ford from Judge Clark enclosing transcript of motion hearing held November 9, 2005.
Feb. 14, 2006 Order Closing File. CASE CLOSED.
Feb. 03, 2006 Notice of Withdrawal of Intent to Establish Dealership filed.
Jan. 31, 2006 Motion to Compel Discovery filed.
Jan. 31, 2006 Amended Notice of Appearance filed.
Jan. 30, 2006 Petitioners` Responses and Objections to Respondent`s Amended Notice of Depositions Duces Tecum filed.
Jan. 30, 2006 Notice of Appearance filed.
Jan. 20, 2006 Order (depositions of Whatley Automotive, Inc., Greenville Toyota, Caduceus, Inc., and D. Mullen, will be accepted for appropriate use in the final hearing in the above-captioned matter).
Jan. 18, 2006 Respondent`s Motion Regarding Service of Out-of-State Subpoena on Dave Mullin (with proposed Order) filed.
Jan. 18, 2006 Second Amended Notice of Videotaped Depositions Duces Tecum (amending location of Dave Mullin deposition) filed.
Jan. 18, 2006 Second Amended Notice of Videotaped Depositions Duces Tecum (amending location of Dave Mullin deposition) filed.
Jan. 18, 2006 Second Amended Notice of Videotaped Depositions Duces Tecum (amending location of Dave Mullin deposition) filed.
Jan. 12, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 16 through 20, 23 through 27, 30 through November 3, 6 through 9 and November 13, 2006; 9:00 a.m.; Tallahassee, FL).
Jan. 10, 2006 Amended Notice of Taking Videotaped Depositions Duces Tecum filed.
Jan. 10, 2006 Respondent`s Motion Regarding Service of Out-of-State Subpoena to Greenville Toyota filed with (Proposed) Order.
Jan. 10, 2006 Respondent`s Motion Regarding Service of Out-of-State Subpoena to Caduceus Inc. filed with (Proposed) Order.
Jan. 10, 2006 Respondent`s Motion Regarding Service of Out-of-State Subpoena to Whatley Automotive filed with (Proposed) Order.
Jan. 05, 2006 Stipulated Motion to Continue Final Hearing filed.
Dec. 30, 2005 Notice of Taking Deposition Duces Tecum filed.
Dec. 13, 2005 Amended Notice of Videotaped Deposition Duces Tecum of Henry Fishkind filed.
Dec. 08, 2005 Order Denying Petitioners` Motion in Limine.
Dec. 07, 2005 Notice of Taking Depositions filed.
Nov. 28, 2005 Memorandum of Law in Support of Motion in Limine and Proposed Order; (Proposed) Order Granting Motion in Limine filed.
Nov. 28, 2005 Notice of Appearance filed.
Nov. 28, 2005 Notice of Videotaped Deposition filed.
Nov. 28, 2005 Respondent`s Brief in Opposition to Motion in Limine filed.
Nov. 17, 2005 Transcript filed.
Nov. 09, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Response and Objections to Respondent`s Seventh Request for Production of Documents filed.
Nov. 01, 2005 Objections and Responses to Petitioner`s Fourth Request for Production of Documents filed.
Oct. 26, 2005 Second Amended Notice of Deposition (3) filed.
Oct. 21, 2005 Notice of Motion Hearing (Motion hearing set for November 9, 2005; 1:00 p.m.).
Oct. 19, 2005 Letter to Judge Clark from D. Bunch requesting oral argument filed.
Oct. 13, 2005 Respondent`s Seventh Request for Production of Documents to Petitioner, Toyota Motor Sales U.S.A., Inc. filed.
Oct. 12, 2005 Second Supplemental Order of Pre-hearing Instructions.
Oct. 11, 2005 Order and Subpoena filed by the Resident Judge of Superior Court, 21st Judicial District.
Oct. 10, 2005 Respondent`s Response to Motion in Limine filed.
Oct. 07, 2005 Objections and Responses to Petitioner`s Third Request for Production of Documents filed.
Oct. 06, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Fourth Request for Production of Documents to Respondent Lexus of Orlando filed.
Oct. 05, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Response and Objections to Respondent`s Fifth Request for Production of Documents filed.
Oct. 05, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Responses to Respondent`s First Request for Admissions filed.
Oct. 05, 2005 Petitioner JM Auto II, Inc.`s Response and Objections to Respondent`s Fifth Request for Production of Documents filed.
Oct. 05, 2005 Responses and Objections of JM Auto II, Inc. to Respondent`s Third Set of Interrogatories filed.
Oct. 03, 2005 Stipulation and Joint Request to Withhold Consideration of Motion for Protective Order relating to Deposition of James Moran filed.
Oct. 03, 2005 Amended Notice of Telephonic Deposition filed.
Sep. 30, 2005 Notice of Telephonic Deposition filed.
Sep. 28, 2005 Response and Objections of TMS USA to Respondent`s Second Set of Interrogatories filed.
Sep. 27, 2005 Notice of Filing Additional Attachments to Non-party James Moran`s Motion for a Protective Order and Memorandum of Law filed (exhibits not available for viewing).
Sep. 26, 2005 Non-party James Moran`s Motion for Protective Order and Memorandum of Law filed.
Sep. 22, 2005 Notice of Appearance (filed by S. McKelvey).
Sep. 15, 2005 Order Granting Continuance and Re-scheduling Hearing (hearing set for March 27 through 31, April 3 through 7, 10 through 14 and 17 through 21, 2006; 9:00 a.m.; Tallahassee, FL).
Sep. 14, 2005 Order (telephonic deposition of Mr. V. Flow, will be accepted for appropriate use in the final hearing in the above-captioned matter).
Sep. 14, 2005 Supplemental Order of Pre-hearing Instructions.
Sep. 14, 2005 Notice of Change of Address filed.
Sep. 13, 2005 Respondent`s Sixth Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Sep. 13, 2005 Respondent`s Motion Regarding Service of Out-of-State Subpoena filed.
Sep. 12, 2005 Motion in Limine and Memorandum of Law filed.
Sep. 09, 2005 Notice of Videotaped Deposition filed.
Sep. 07, 2005 Petitioner JM Auto II, Inc.`s Response and Objections to Respondent`s Fourth Request for Production of Documents filed.
Sep. 07, 2005 Response and Objections of JM Auto II, Inc. to Respondent`s Second Set of Interrogatories filed.
Sep. 01, 2005 Notice of Deposition filed.
Sep. 01, 2005 Amended Notice of Deposition (4) filed.
Aug. 26, 2005 Notice of Deposition (4) filed.
Aug. 23, 2005 Respondent`s First Request for Admissions to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Aug. 12, 2005 Respondent`s Fifth Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Aug. 12, 2005 Respondent`s Fifth Request for Production of Documents to Petitioner, JM Auto II, Inc. filed.
Aug. 09, 2005 Petitioner JM Auto II, Inc.`s Response and Objections to Respondent`s Second Request for Production of Documents filed.
Aug. 09, 2005 Amended Notice of Taking Depositions filed.
Aug. 09, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Response and Objections to Respondent`s Third Request for Production of Documents filed.
Aug. 01, 2005 Respondent`s Fourth Request for Production of Documents to Petitioner, JM Auto II, Inc. filed.
Aug. 01, 2005 Notice of Service of Respondent`s Third Set of Interrogatories Directed to Petitioner, Toyota Motor Sales U.S.A., Inc. filed.
Aug. 01, 2005 Notice of Service of Respondent`s Third Set of Interrogatories Directed to Petitioner, JM Auto II, Inc. filed.
Jul. 22, 2005 Respondent`s Second Set of Interrogatories Directed to Petitioner, JM Auto II, Inc. filed.
Jul. 22, 2005 Respondent`s Second Set of Interrogatories Directed to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Jul. 22, 2005 Respondent`s Third Request for Production of Documents to Petitioner, JM Auto II, Inc. filed.
Jul. 22, 2005 Respondent`s Fourth Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Jul. 22, 2005 Notice of Serving Interrogatories filed.
Jul. 12, 2005 Amended Notice of Deposition (3) filed.
Jun. 29, 2005 Notice of Deposition filed.
Jun. 29, 2005 Respondent`s Second Request for Production of Documents to Petitioner, JM Auto II, Inc. filed.
Jun. 29, 2005 Respondent`s Third Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Jun. 21, 2005 Supplemental Response to Respondent`s First Set of Interrogatories filed.
Jun. 06, 2005 Notice of Deposition (14) filed.
May 27, 2005 Objections and Responses to Petitioner`s Second Request for Production of Documents filed.
May 17, 2005 Amended Notice of Hearing (hearing set for November 1 through 4, 7 through 10, 14, and 15, 2005; 9:00 a.m.; Tallahassee, FL; amended as to hearing date).
May 03, 2005 Respondent`s Second Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Apr. 14, 2005 Response and Objections of JM Auto II, Inc. to Respondent`s First Set of Interrogatories filed.
Apr. 14, 2005 Response and Objections to Respondent`s First Set of Interrogatories filed.
Apr. 14, 2005 Petitioner JM Auto II, Inc.`s Response and Objections to Respondent`s First Request for Production of Documents filed.
Apr. 14, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s Response and Objections to Respondent`s First Request for Production of Documents filed.
Apr. 12, 2005 Amended Protective Order.
Apr. 11, 2005 Objections and Responses to Petitioner`s First Request for Production of Documents filed.
Apr. 11, 2005 Notice of Serving Responses to Petitioner`s First Set of Interrogatories to Respondent Lexus of Orlando filed.
Apr. 06, 2005 Amended Joint Motion for Entry of Protective Order filed.
Apr. 06, 2005 (Proposed) Protective Order filed.
Apr. 06, 2005 Protective Order.
Apr. 05, 2005 Respondent`s First Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. (Corrected) filed.
Mar. 16, 2005 (Proposed) Protective Order filed.
Mar. 16, 2005 Joint Motion for Entry of Protective Order filed.
Feb. 28, 2005 Order of Pre-hearing Instructions.
Feb. 28, 2005 Notice of Hearing (hearing set for September 14 through 16 and 19 through 23, 2005; 9:00 a.m.; Tallahassee, FL).
Feb. 22, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s First Request for Production of Documents to Respondent Lexus of Orlando filed.
Feb. 22, 2005 Petitioner Toyota Motor Sales, U.S.A., Inc.`s First Set of Interrogatories to Respondent Lexus of Orlando filed.
Feb. 22, 2005 Petitioner`s Notice of Serving First Set of Interrogatories on Respondent Lexus of Orlando filed.
Feb. 18, 2005 Respondent`s First Request for Production of Documents to Petitioner, JM Auto II, Inc. filed.
Feb. 18, 2005 Respondent`s First Request for Production of Documents to Petitioner, Toyota Motor Sales, U.S.A., Inc. filed.
Feb. 18, 2005 Notice of Service of Interrogatories filed.
Feb. 16, 2005 Notice of Appearance for Petitioner Toyota Motor Sales, USA., Inc. (filed by D. Bunch).
Feb. 07, 2005 Joint Response to Initial Order filed.
Jan. 31, 2005 Initial Order.
Jan. 31, 2005 Florida Administrative Weekly Volume 31, Number 3, January 21, 2005 filed.
Jan. 31, 2005 Petition or Complaint Protesting Establishment of Dealership filed.
Jan. 31, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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