Petitioner: JOHNSON`S SELECT MOTORCARS, LLC, D/B/A JOHNSON`S SUZUKI
Respondent: AMERICAN SUZUKI MOTOR CORPORATION
Judges: HARRY L. HOOPER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 06, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, August 28, 2006.
Latest Update: Dec. 25, 2024
fou dE
STATE OF FLORIDA g ] d
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 05-3224 70M SEP 12 I 5]
FINAL ORDER #: HSMY-06-971-S-DMV BIVISiow of
ADMINIS TR Ay
JOHNSON’S SELECT MOTORCARS, Hey Pe IVE
LLC, d/b/a JOHNSON’S SUZUKI, "GS
Petitioner,
vs.
AMERICAN SUZUKI MOTOR
CORPORATION,
Respondent,
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order
Closing File by Harry L. Hooper, an Administrative Law Judge of the Division of Administrative
Hearings, a copy of which is attached and incorporated by reference in this order,
WHEREFORE, it is Ordered that the Suzuki Dealer Sales and Service Agreement of Petitioner
Johnson’s Select Motorcars LLC, d/b/a Johnson's Suzuki is canceled,
DONE AND ORDERED this uy of September, 2006, in Tallahassee, Leon County,
Florida.
ARL A, FORD, Direct
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division pyMotor Vehicles
this Se day of September, 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:
William J, Wheeler, Esquire
1800 Callowhill Street
Philadelphia, Pennsylvania 19130
Dean Bunch, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312
Michael J, Alderman, Esquire
Department of Highway Safety
And Motor Vehicles
Neil Kirkman Building, Room A432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
Harry L. Hooper
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Nalini Vinayak
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
STATE OF FLORIDA - RECEIVED
DIVISION OF ADMINISTRATIVE HEARINGS , :
. AUG 30 2006
Bent, af Highway Sarety & Mote
JOHNSON'S SELECT MOTORCARS, ee ef General Couns
"Vehicles
, 2
LLC, d/b/a JOHNSON 'S- SUZUKI
la
Petitioner,
vs. Case No. 05-3224
AMERICAN .SUZUKI MOTOR
CORPORATION,
Respondent.
JOHNSONS' SELECT MOTOR CARS
re
INC.;D. MARK JOHNSON; AND
BRENT JOHNSON,
Petitioners,
vs. Case No. 06~2208
AMERICAN SUZUKI MOTOR
CORPORATION,
Respondent.
ee eee a ae a > -
ORDER CLOSING FILES
This cause having come before the undersigned.on
Petitioners' Notice of Withdrawal of Dealership Termination
Protest and Notice of Dismissal of Complaint Protesting Refusal
of Transfer, and the undersigned being fully advised, it is,”
therefore, : : :
‘ORDERED that the files of the Division of Administrative
Hearings in the above-captioned matter are hereby: closed. .
DONE AND ORDERED this 28th day of August, 2006,
Tallahassee, — Leon County, Florida.
Been Lelong
“HARRY L. HOOPER™
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
in
Filed with the Clerk of the
Division of Administrative Hearings
this 28th day of August, 2006.
COPIES FURNISHED: :
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
Dean. Bunch, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Boulevard, South,
Suite 202
‘Tallahassee, Florida 32312-1267
William J.-Wheeler, Esquire
William J. Wheeler, Esquire
1800 Callowhill Street .
Philadelphia, Pennsylvania 19130
STATE OF FLORIDA PER
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 1 = te be
DOAH CASE NO.: 06-2208 ih SEP 12 A i 52
FINAL ORDER #: HSMV-06-983-8-DMV ;
_ DIVISION OF
JOHNSON’S SELECT MOTOR CARS, ADMIN STRATIVE
INC; D. MARK JOHNSON; AND HEARINGS
BRENT JOHNSON,
Petitioners,
Vs,
AMERICAN SUZUKI MOTOR
CORPORATION,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order
Closing File .by Harry L, Hooper, an Administrative Law Judge of the Division of Administrative
Hearings, a copy of which is attached and incorporated by reference in this order,
WHEREFORE, it is Ordered that Petitioners Johnson’s Select Motor Cars, Inc.; D. Mark
Johnson; and Brent Johnson having dismissed their complaint protesting American Suzuki Motor
Corporation’s refusal of the transfer of the WA franchise, this case is closed,
DONE AND ORDERED this // day of September, 2006, in Tallahassee, Leon County,
Florida.
CARL A. FORD, Direct
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division otor Vehicles
this H/*- in of September, 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:
William J. Wheeler, Esquire
1800 Callowhill Street
Philadelphia, Pennsylvania 19130
Dean Bunch, Esquire
Sutherland, Asbill & Brennan, LLP
3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312
Michael J. Alderman, Esquire
Department of Highway Safety
And Motor Vehicles
Neil Kirkman Building, Room A432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
Harry L. Hooper
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Nalini Vinayak
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
la STATE OF FLORIDA
DIVISION: oF ADMINISTRATIVE HEARINGS
RECEIVE
JOHNSON'S SELECT MOTORCARS,
LLC, d/b/a JOHNSON'S SUZUKI, AUG 28 2008
, : Bagi. af Highway Sataty & Moler Vehicles
Petitioner, , Offiee af General Couisel
vs. Case No. 05-3224
AMERICAN SUZUKI. MOTOR
CORPORATION,
Respondent.
JOHNSONS' SELECT MOTOR CARS,
INC.; D. MARK JOHNSON; AND
BRENT JOHNSON,
Petitioners,
vs. Case No. 06-2208 -
AMERICAN ‘SUZUKI MOTOR”
CORPORATION, . “
‘Respondent... .
OT
ORDER GRANTING CONTINUANCE AND PLACING CASE IN ABEYANCE
This cause having come before th ; :
' Parties’ Joint Motion
undersigned being fully advised, it is, therefore,
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ORDERED that:
1. The parties Joint Motion £
is: hereby granted, and the final -hearing in this c
ause scheduled
for August 28 through September 1, 2006
r is’ hereby canceled.
2. The Parties shall confer and a
Failure to timely advise: will result in the conclusion that this
cause has been amicably resolved, and the file of the Division
of Administrative Hearings in the above-captioned matter will be
closed. :
DONE AND ORDERED this 25th day of August, 2006, in
Tallahassee, Leon County, Florida.
Iderng Lcbenpan
‘HARRY L. HOOPER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway .
Tallahassee, Florida © 32399-3060
(850) - 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 25th day of August, 2006.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0500
Dean Bunch, Esquire’
‘Sutherland, Asbill -& Brennan, LLP
3600 Maclay Boulevard, South,
Suite 202
Tallahassee, Florida 32312-1267
William J. Wheeler, Esquire
William J. Wheeler, Esquire
1800 Callowhill Street
Philadelphia, Pennsylvania 19130
Docket for Case No: 05-003224
Issue Date |
Proceedings |
Sep. 12, 2006 |
Final Order filed.
|
Aug. 28, 2006 |
Order Closing Files. CASE CLOSED.
|
Aug. 28, 2006 |
Notice of Dismissal of Complaint Protesting Refusal of Transfer filed.
|
Aug. 28, 2006 |
Notice of Withdrawal of Dealership Termination Protest filed.
|
Aug. 25, 2006 |
Order Granting Continuance and Placing Case in Abeyance (parties to advise status by September 5, 2006).
|
Aug. 23, 2006 |
Joint Motion for Continuance of Hearings filed.
|
Aug. 21, 2006 |
Order Granting Extension of Time (Order Granting Joint Motion for Extension of Time to File Prehearing Stipulation to be filed by August 23, 2006).
|
Aug. 18, 2006 |
Joint Motion for Extension of Time to File Prehearing Stipulation filed.
|
Jul. 18, 2006 |
Respondent American Suzuki Motor Corporation`s First Request for Production of Documents filed.
|
Jul. 07, 2006 |
Order Granting Request of Johnson`s Select Motorcars, LLC, d/b/a Johnson`s Suzuki for Representation by William J. Wheeler, Esq..
|
Jul. 07, 2006 |
Order Granting American Suzuki Motor Corporation`s Motion to Conduct Simultaneous Final Hearings in Two Related Cases (hearing set for August 28 through September 1, 2006; 9:00 a.m.; Tallahassee, FL).
|
Jul. 05, 2006 |
Petitioner Johnson`s Select Motor Cars, LLC`s Response in Opposition to Respondent`s Motion to Conduct Simultaneous Final Hearings filed.
|
Jul. 05, 2006 |
Request of Johnsons` Select Motorcars, LLC, d/b/a Johnsons` Suzuki for Representation by William J. Wheeler, Esq. filed.
|
Jul. 05, 2006 |
Certificate of Service of William J. Wheeler, Esq. (2) filed.
|
Jul. 05, 2006 |
Affidavit of William J. Wheeler, Esq. in Support of Petitioner Request for Approval of Representation by a Qualified Representative filed.
|
Jun. 28, 2006 |
Notice of Telephonic Motion Hearing (motion hearing set for July 6, 2006; 10:00 a.m.).
|
Jun. 26, 2006 |
American Suzuki`s Amended Certificate of Service for Motion for Conduct of Simultaneous Final Hearing filed.
|
Jun. 23, 2006 |
American Suzuki`s Motion to Conduct Simultaneous Final Hearings in Two Related Cases filed.
|
Jun. 07, 2006 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by July 6, 2006).
|
Jun. 06, 2006 |
Motion for Stay of Franchise Termination Case in the Matter of Johnson`s Select Motor Cars, LLC. d/b/a Johnsons` Suzuki V, American Suzuki Motor Corporation Case No. 05-3224 Motion for Stay is Based upon Florida Statute 320.643(b)(3) filed.
|
Jun. 01, 2006 |
Notice of Hearing (hearing set for June 12 and 13, 2006; 9:00 a.m.; Tallahassee, FL).
|
Apr. 27, 2006 |
Respondent`s Status Report, Second Motion to Lift Stay, and Request to Set Hearing Date filed.
|
Feb. 14, 2006 |
Order Granting Amended Motion to Stay Proceedings (parties to advise of status no later than May 15, 2006).
|
Feb. 13, 2006 |
Respondent`s Notice of Cancellation of Deposition filed.
|
Feb. 13, 2006 |
Amended Motion to Stay Proceedings filed.
|
Jan. 27, 2006 |
Respondent`s Second Amended Notice of Taking Deposition filed.
|
Jan. 26, 2006 |
Respondent`s Status Report and Request to Set Hearing Date filed.
|
Jan. 18, 2006 |
Order on Respondent`s Status Report, Motion to Lift Stay, and Request for Telephonic Conference Call.
|
Jan. 12, 2006 |
Notice of Appearance (filed by J. Neal).
|
Dec. 27, 2005 |
Order on Motion to Withdraw as Counsel.
|
Dec. 19, 2005 |
Respondent`s Response to Motion to Withdraw and Request for Telephone Conference Call Hearing filed.
|
Dec. 12, 2005 |
Motion to Withdraw as Counsel for Petitioner filed.
|
Dec. 09, 2005 |
Response to Motion to Lift Stay filed.
|
Dec. 05, 2005 |
Order Continuing Case in Abeyance (parties to advise status by February 6, 2006).
|
Dec. 05, 2005 |
Respondent`s Status Report, Motion to Lift Stay, and Request for Telephonic Conference Call filed.
|
Dec. 01, 2005 |
Status Report filed.
|
Dec. 01, 2005 |
Notice of Serving Asset Sale Agreement filed.
|
Oct. 28, 2005 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by December 1, 2005).
|
Oct. 27, 2005 |
Respondent`s Response in Opposition to Motion to Stay Proceedings filed.
|
Oct. 27, 2005 |
Amended Motion to Stay Proceedings filed.
|
Oct. 27, 2005 |
Motion to Stay Proceedings filed.
|
Oct. 26, 2005 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 14, 2005; 9:00 a.m.; Tallahassee, FL).
|
Oct. 25, 2005 |
Joint Request to Commence Hearing on November 14, 2005 filed.
|
Oct. 12, 2005 |
Respondent`s Notice of Taking Deposition filed.
|
Sep. 15, 2005 |
Order of Pre-hearing Instructions.
|
Sep. 15, 2005 |
Notice of Hearing (hearing set for November 10 and 14, 2005; 9:00 a.m.; Tallahassee, FL).
|
Sep. 13, 2005 |
Joint Response to Initial Order filed.
|
Sep. 06, 2005 |
Initial Order.
|
Sep. 06, 2005 |
Notice of Intended Termination for Breach of Suzuki Dealer Agreement filed.
|
Sep. 06, 2005 |
Petition for Administrative Proceeding filed.
|
Sep. 06, 2005 |
Agency referral filed.
|