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JOHNSON`S SELECT MOTORCARS, LLC, D/B/A JOHNSON`S SUZUKI vs AMERICAN SUZUKI MOTOR CORPORATION, 05-003224 (2005)

Court: Division of Administrative Hearings, Florida Number: 05-003224 Visitors: 5
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, ) ) ) ) ) ) ) ) ) ) ) ) } ) ) ) ) ) ) ) ) ) ) ) . 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.
Source:  Florida - Division of Administrative Hearings

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