Petitioner: NISSAN NORTH AMERICA, INC.
Respondent: LOVE NISSAN, INC.; ROBERT L. HALLEEN; AND CHAD A. HALLEEN
Judges: HARRY L. HOOPER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Oct. 10, 2005
Status: Closed
Recommended Order on Wednesday, January 18, 2006.
Latest Update: Apr. 13, 2006
Summary: The issue is whether Nissan North America, Inc.'s (Nissan) rejection of the proposed transfer of the equity interest in Love Nissan, Inc. (Love), from Robert Halleen and Chad Halleen to Marilyn Halleen, is in violation of the laws regulating the licensing of motor vehicle dealers and manufacturers, maintaining competition, providing consumer protection and fair trade and providing minorities with opportunities for full participation as motor vehicle dealers, as set forth in Sections 320.61-320.7
Summary: The issue is whether Nissan North America, Inc.'s (Nissan) rejection of the proposed transfer of the equity interest in Love Nissan, Inc. (Love), from Robert Halleen and Chad Halleen to Marilyn Halleen, is in violation of the laws regulating the licensing of motor vehicle dealers and manufacturers, maintaining competition, providing consumer protection and fair trade and providing minorities with opportunities for full participation as motor vehicle dealers, as set forth in Sections 320.61-320.70, Florida Statutes.Petitioners claimed to have transferred the equity in their automobile dealership to a close family member subsequent to a Recommended Order of Termination. Held: the proposed transfer wa a sham and of no effect.
More
STATE OF FLORIDA el EE od 7
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES f l bes E by
DOAH CASE NOS.: 05-3680 and 05-3987 700b APA 13 Adk 13
DIVISION OF
ADMINISTRATIVE
NISSAN NORTH AMERICA, INC., HEARINGS
FINAL ORDER #: HSMV-06-379-FOF-DMV
Petitioner,
vs.
LOVE NISSAN, INC.; ROBERT L.
HALLEEN; AND CHAD A. HALLEEN.
Respondents.
LOVE NISSAN, INC.; ROBERT L.
HALLEEN; AND CHAD A, HALLEEN,
Petitioner,
vs.
NISSAN NORTH AMERICA, INC.,
Respondent. — .
: /
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of a
Recommended Order 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!. The
Department hereby adopts the Recommended Order as its Final Order in this matter,
WHEREFORE, it is Ordered that pursuant to Nissan’s verified Petition for Determination of
Invalid Proposed Transfer Pursuant to Section 320.643, Florida Statutes, and Notice of Rejection of
Proposed Transfer, no transfer under Section 320.643, Florida Statutes, is proposed and Nissan’s
! Respondent, Love Nissan, Inc. and Petitioner, Nissan North America, filed exceptions to the Recommended Order.
These exceptions are ruled on in the Appendix to this Order.
rejection of it was proper. Furthermore, Robert Halleen and Chad Halleen’s Petition for Determination of
Wrongful Turndown is dismissed,
DONE AND ORDERED this fa 4, of April, 2006, in Tallahassee, Leon County, Florida.
A. FORD, Directo,
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division rae Vehicles
this 7,224. day of April, 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,
this state in an appellate district where a party resides. In order to initiate such review,
or in any other district court of appeal of
one copy of the
notice of appeal must be filed with he 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:
S. Keith Hutto, Esq.
Steven A. McKelvey; Jr.
Nelson Mullins Riley & Scarborough, L.L.P.
Keenan Building, Third Floor
1320 Main Street
Columbia, South Carolina 29201
Dean Bunch, Esq,
Sutherland, Asbill & Brennan, L.L.P.
3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312
w
John W. Forehand, Esq. :
Lewis, Longman & Walker, P.A.
125 South Gadsden Street
Tallahassee, Florida 32301
Alex Kurkin, Esq.
Pathman Lewis, LLP
One Biscayne Tower, Suite 2400
Two South Biscayne Boulevard
Miami, Florida 33131
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Harry L. Hooper, Administrative Law Judge
Division of Administrative Hearings
The-DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Ronald D. Reynolds
Dealer License Administrator
Florida Administrative Law Report
Post Office Box 385 ;
Gainesville, Florida 32602
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NOS: 05-3680 and 05-3987
FINAL ORDER #: HSMV-06-379-FOF-DMV
NISSAN NORTH AMERICA, INC.,
Petitioner,
vs.
LOVE NISSAN, INC.; ROBERT L.
HALLEEN; AND CHAD A, HALLEEN.
Respondents.
LOVE NISSAN, INC.; ROBERT L.
HALLEEN; AND CHAD A. HALLEEN,
Petitioner,
ys.
NISSAN NORTH AMERICA, INC.,
Respondent.
/
APPENDIX TO FINAL ORDER
RULING ON PETITIONER'S EXCEPTIONS TO RECOMMENDED ORDER
0 ee ER
“Exception 1, Rejected — The Administrative Law Judge found it necessary to
determine whether there was a change in management because the Administrative Law
Judge found that the proposed transfer of equity was illusory.
Ruling on Exceptions to Findings of Fact
18. Rejected. The finding is based on competent substantial evidence.
20. Rejected. The finding is based on competent substantial evidence.
22. Rejected. The finding is based on competent substantial evidence.
23. Rejected. The finding is based on competent substantial evidence.
24. ‘Rejected. The finding is based on competent substantial evidence,
25. Rejected. The finding is based on competent substantial evidence,
Ruling on Exceptions to Legal Conclusions
A. Legal Principles
The conclusions of law are correct interpretations of the law and correctly
apply the law to the established facts.
B. Specific Exceptions
Exception to conclusions of law 34, 36 and 38. The conclusions are
correct statements of the law.
Exceptions to conclusions of law 39 and 40. The conclusions are correct
statements of the law.
‘GALegaiMIKEWZO06\DMV\Dealer License\Nissan North America (05-3680 05-3987)\exeyptions doe
Docket for Case No: 05-003680
Issue Date |
Proceedings |
Apr. 13, 2006 |
Final Order filed.
|
Jan. 18, 2006 |
Recommended Order (hearing held December 12, 2005). CASE CLOSED.
|
Jan. 18, 2006 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Jan. 09, 2006 |
Respondent`s Appendix to Proposed Recommended Order filed.
|
Jan. 09, 2006 |
Proposed Recommended Order of Love Nissan, Inc., Robert L. Halleen, and Chad A. Halleen filed.
|
Jan. 09, 2006 |
Proposed Recommended Order of Nissan North America filed.
|
Dec. 28, 2005 |
Transcript (Volumes 1 and 2) filed. |
Dec. 12, 2005 |
CASE STATUS: Hearing Held. |
Dec. 07, 2005 |
Index to Nissan North America`s Trial Exhibits filed.
|
Dec. 07, 2005 |
Exhibit List of Love Nissan, Inc., Robert L. Halleen, and Chad A. Halleen filed.
|
Dec. 01, 2005 |
Pre-hearing Stipulation filed.
|
Nov. 30, 2005 |
Respondent`s Response to Petitioner`s First Request for Production to Respondents filed.
|
Nov. 30, 2005 |
Respondents` Response to Petitioner`s First Interrogatories to Respondents filed.
|
Nov. 30, 2005 |
Notice of Serving Interrogatories Answers filed.
|
Nov. 30, 2005 |
Notice of Telephonic Deposition filed.
|
Nov. 30, 2005 |
Corrected Notice of Deposition filed.
|
Nov. 28, 2005 |
Notice of Deposition filed.
|
Nov. 17, 2005 |
Order Denying Motion in Limine.
|
Nov. 14, 2005 |
Petitioner Nissan North America, Inc.`s Memorandum in Response to Respondents` Motion in Limine filed.
|
Nov. 14, 2005 |
Nissan North America, Inc.`s Answer to Love Nissan`s Petition for Determination of Wrongful Turndown filed. (filed in Case No. 05-003987)
|
Nov. 14, 2005 |
Request for Oral Argument filed.
|
Nov. 08, 2005 |
Order of Consolidation (consolidated cases are: 05-3680 and 05-3987).
|
Nov. 04, 2005 |
Motion in Limine filed.
|
Nov. 04, 2005 |
Joint Motion to Consolidate with Case No. 05-3680 (filed in Case No. 05-3987).
|
Oct. 27, 2005 |
Notice of Serving Interrogatories filed.
|
Oct. 27, 2005 |
Order Denying in Part and Granting in Part Respondents` Motion to Dismiss.
|
Oct. 25, 2005 |
Petitioner`s Sur-reply to Respondents` Reply in Support of Motion to Dismiss filed by Dean Bunch.
|
Oct. 24, 2005 |
Undeliverable envelope returned from the Post Office.
|
Oct. 19, 2005 |
Reply to Response to Motion to Dismiss filed.
|
Oct. 19, 2005 |
Order of Pre-hearing Instructions.
|
Oct. 19, 2005 |
Notice of Hearing (hearing set for December 12 and 13, 2005; 9:00 a.m.; Tallahassee, FL).
|
Oct. 17, 2005 |
Petitioner`s Response to Respondent`s Motion to Dismiss filed.
|
Oct. 13, 2005 |
Joint Response to Initial Order filed.
|
Oct. 10, 2005 |
Notice of Proposed Equity Transfer Pursuant to s. 320.643(2), Fla. Stat filed.
|
Oct. 10, 2005 |
Petition for Determination of Invalid Proposed Transfer Pursuant to Section 320.643, Florida Statutes and Notice of Rejection of Proposed Transfer filed.
|
Oct. 10, 2005 |
Agency referral filed.
|
Oct. 10, 2005 |
Motion to Dismiss filed.
|
Oct. 10, 2005 |
Initial Order.
|
Orders for Case No: 05-003680
Issue Date |
Document |
Summary |
Apr. 12, 2006 |
Agency Final Order
|
|
Jan. 18, 2006 |
Recommended Order
|
Petitioners claimed to have transferred the equity in their automobile dealership to a close family member subsequent to a Recommended Order of Termination. Held: the proposed transfer wa a sham and of no effect.
|