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VOLKSWAGEN OF AMERICA INC., AND KMH AUTOMOTIVE, INC. vs LOKEY OLDSMOBILE, INC., D/B/A LOKEY VW, 05-001327 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001327 Visitors: 19
Petitioner: VOLKSWAGEN OF AMERICA INC., AND KMH AUTOMOTIVE, INC.
Respondent: LOKEY OLDSMOBILE, INC., D/B/A LOKEY VW
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Apr. 13, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 28, 2005.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 05-1327 FINAL ORDER #: HSMV-06-0001-S-DMV VOLKSWAGEN OF AMERICA, INC., and KMH AUTOMOTIVE, INC., Petitioners, VS. LOKEY OLDSMOBILE, INC., d/b/a LOKEY Vw, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by William F. Quattlebaum, 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, KMH Automotive, Inc., be granted a license as a dealer for the sale of Volkswagen motor vehicles at 3102 US Highway 19, Holiday (Pasco County), Florida, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this GY cay of January, 2006, in Tallahassee, Leon County, Florida. Zlob b brn b— 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 OCU day of January, 2006. 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: J. Martin Hayes, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Peter B. Jurgeleit, Esquire Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLP 333 West Wacker Drive, Suite 2700 Chicago, Ilinois 60606 Scott O. Stigall, Esquire Barnett, Bolt, Kirkwood Long & McBride 601 Bayshore Boulevard, Suite 700 Tampa, Florida 33606 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 William F. Quattlebaum 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: 05-001327
Issue Date Proceedings
Jan. 26, 2006 Final Order filed.
Dec. 28, 2005 Order Closing File. CASE CLOSED.
Dec. 27, 2005 Joint Motion to Dismiss Protest with Prejudice filed.
Dec. 23, 2005 Parties` Status Report filed.
Nov. 29, 2005 Order Granting Continuance (parties to advise status by December 23, 2005).
Nov. 15, 2005 Parties` Status Report filed.
Oct. 18, 2005 Order Granting Continuance (parties to advise status by November 15, 2005).
Oct. 17, 2005 Motion to Continue filed.
Oct. 12, 2005 Order Denying Continuance.
Oct. 11, 2005 Motion to Continue filed.
Sep. 02, 2005 Petitioner Volkswagen of America, Inc.`s Notice of Serving Objections and Answers to Respondent`s First Set of Interrogatories filed.
Jun. 30, 2005 Respondent`s Notice of Service of First Set of Interrogatories to Petitioner, Volkswagen of America, Inc. filed.
Jun. 30, 2005 Respondent`s First Request for Documents to Petitioner, Volkswagen of America, Inc. filed.
Jun. 17, 2005 Lokey Oldsmobile, Inc., D/B/A Lokey VW`s Responses to Volkswagon of America, Inc`s First Set of Rquests for Production of Documents filed.
Jun. 17, 2005 Notice of Service of answers to Volkswagon of America, Inc`s First Set of Interrogatories to Lokey Oldsmobile, Inc. filed.
May 13, 2005 Order Accepting Qualified Representative (James R. Volger, Randall L. Oyler, and Peter B. Jurgeleit).
May 12, 2005 Order Granting Verified Motion for Admission Pro Hav Vice of Attorneys James R. Vogler, Randall L. Oyler and Peter B. Jurgeleit and for their Appearance as Volkswagon`s Qualified Represenatives filed.
May 12, 2005 Volkswagon`s Verified Motion for Admission Pro Hav Vice of Attorneys James R. Vogler, Randall L. Oyler and Peter B. Jurgeleit and for their Appearance as Volkswagon`s Qualified Represenatives filed.
May 05, 2005 Joinder in Joint Response to Initial Order filed.
Apr. 29, 2005 Notice of Serving Volkswagen of America, Inc.`s First Set of Interrogatories to Lokey Oldsmobile, Inc. filed.
Apr. 29, 2005 Volkswagen of America, Inc.`s First Set of Document Requests to Lokey Oldsmobile, Inc. filed.
Apr. 29, 2005 Notice of Appearance (filed by S. Stigall, Esquire).
Apr. 27, 2005 Order of Pre-hearing Instructions.
Apr. 27, 2005 Notice of Hearing (hearing set for October 31 through November 4, 2005; 9:00 a.m.; Tallahassee, FL).
Apr. 27, 2005 Notice of Appearance (filed by R. Davis, Esquire).
Apr. 20, 2005 Joint Response to Initial Order filed.
Apr. 13, 2005 Initial Order.
Apr. 13, 2005 Pages from Florida Administrative Weekly Volume 31, Number 10, March 11, 2005 filed.
Apr. 13, 2005 Petition or Complaint Protesting Establishment of Dealership filed.
Apr. 13, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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