Petitioner: VOLKSWAGEN OF AMERICA, INC. AND ARISTOCRAT VOLKSWAGEN EAST, INC.
Respondent: ROYAL AUTOMOTIVE, INC., D/B/A ROYAL VOLKSWAGEN
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Jul. 19, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 31, 2008.
Latest Update: Jul. 02, 2024
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, P
MR
DOAH CASE NO.: 06-2632 bn, a
DMV CASE NO.: 09-0485 Adin SIon 9. ©?
FINAL ORDER #: HSMY-09-325-S-DMV HEY ahr liye
&s
VOLKSWAGEN OF AMERICA, INC. AND
ARISTOCRAT VOLKSWAGEN EAST, INC.
Petitioners,
vs.
ROYAL AUTOMOTIVE, INC. D/B/A
ROYAL VOLKSWAGEN,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing File by R. Bruce McKibben, 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, Aristocrat Volkswagen East, Inc., be
granted a license for the sale of Volkswagen vehicles at 12696 East Colonial Drive, Orlando
(Orlando County), Florida 32828, upon compliance with all applicable requirements of Section
320.27, Florida Statutes, and all applicable Department rules.
DONE AND ORDERED this JL, of March, 2009, in Tallahassee, Leon
County, Florida.
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division yMotor Vehicles
this F day of March, 2009.
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.
CAF jde
Copies furnished:
John W. Forehand, Esquire
Lewis, Longman & Walker, P.A.
2600 Centennial Place, Suite 100
Tallahassee, Florida 32308
Richard S. Davis, Esquire
Foley & Lardner LLP
One Biscayne Tower
2 South Biscayne Boulevard, Suite 1900
Miami, Florida 33131
James R. Vogler, Esquire
Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg LLP
200 West Madison Street, Suite 3900
Chicago, Hlinois 60606
Mary B. Mecks, Florida
Carlton Fields
450 South Orange Avenue, Suite 500
Orlando, Florida 32801
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
R. Bruce McKibben
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
Donn Lund
Regional Administrator
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
VOLKSWAGEN OF AMERICA, INC.
AND ARISTOCRAT VOLKSWAGEN
EAST, INC.,
Petitioner,
vs. Case No. 06-2632
ROYAL AUTOMOTIVE, INC., d/b/a
ROYAL VOLKSWAGEN,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on
Respondent's Notice of Dismissal filed on December 30, 2008, and
the undersigned being fully advised, it is, therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
Jurisdiction is hereby relinquished to the Department of Highway
Safety and Motor Vehicles.
DONE AND ORDERED this 31st day of December, 2008, in
Tallahassee, Leon County, Florida.
R. BRUCE MCKIBBEN
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 3lst day of December, 2008.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0635
John W. Forehand, Esquire
Lewis, Longman & Walker, P.A.
2600 Centennial Place, Suite 100
Tallahassee, Florida 32308-0572
Richard S. Davis, Esquire
Foley & Lardner LLP
One Biscayne Tower
2 South Biscayne Boulevard, Suite 1900
Miami, Florida 33131
James R. Vogler, Esquire
Barack, Ferrazzano, Kirschbaum,
Perlman & Nagelberg, LLP
200 West Madison Street, Suite 3900
Chicago, Illinois 60606
Mary B. Meeks, Esquire
Carlton Fields
450 South Orange Avenue, Suite 500
Orlando, Florida 32801
Docket for Case No: 06-002632
Issue Date |
Proceedings |
Mar. 12, 2009 |
Final Order filed.
|
Jan. 06, 2009 |
Transmittal letter from Claudia Llado forwarding the fifteen-volume Transcript, along with Petitioners` Exhibits, Respondent`s Exhibits and the Hearing Report of Joseph F. Roesner to the agency.
|
Dec. 31, 2008 |
Order Closing File. CASE CLOSED.
|
Dec. 30, 2008 |
Notice of Dismissal filed.
|
Nov. 21, 2008 |
Order Placing Case in Abeyance (parties to advise status by December 31, 2008).
|
Sep. 30, 2008 |
Order Terminating Abeyance.
|
Sep. 30, 2008 |
CASE STATUS: Motion Hearing Held. |
Sep. 05, 2008 |
Order Placing Case in Abeyance (parties to advise status by October 6, 2008).
|
Aug. 29, 2008 |
Order Granting Extension of Time (proposed recommended orders to be filed by September 15, 2008).
|
Aug. 28, 2008 |
Stipulation filed.
|
Jul. 28, 2008 |
Notice of Change of Address (R. Davis) filed.
|
Jul. 07, 2008 |
Stipulation filed.
|
May 05, 2008 |
CASE STATUS: Hearing Held. |
May 01, 2008 |
Respondent`s Notice of Filing Exhibit List filed.
|
Mar. 18, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for May 5 through 7, 2008; 9:00 a.m.; Orlando, FL).
|
Mar. 17, 2008 |
Notice of Change of Address filed.
|
Mar. 14, 2008 |
CASE STATUS: Motion Hearing Held. |
Jan. 18, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for March 18 through 20, 2008; 9:00 a.m.; Orlando, FL).
|
Jan. 07, 2008 |
CASE STATUS: Motion Hearing Held. |
Dec. 28, 2007 |
Motion to Continue Final Hearing filed.
|
Dec. 18, 2007 |
Notice of Hearing (hearing set for January 16 through 18, 2008; 9:00 a.m.; Orlando, FL).
|
Nov. 27, 2007 |
Notice of Limited Availability filed.
|
Nov. 13, 2007 |
CASE STATUS: Hearing Partially Held; continued to January 16, 9:00 a.m. |
Nov. 07, 2007 |
Notice of Voluntary Dismissal filed.
|
Nov. 07, 2007 |
Pre-Hearing Stipulation of Petitioners and Respondent filed.
|
Nov. 05, 2007 |
Order Accepting Qualified Representative.
|
Oct. 31, 2007 |
Volkswagen of America Inc.`s Request for Stephanie M. Zimdahl to be Approved as its Qualified Representative filed.
|
Oct. 24, 2007 |
Notice of Appearance (filed by J. Baum).
|
Oct. 12, 2007 |
Notice of Deposition (filed in Case No. 06-002632).
|
Oct. 12, 2007 |
Notice of Deposition filed.
|
Sep. 26, 2007 |
Respondent`s Second Requests for Production to Petitioner, Volkswagen of America, Inc. filed.
|
Sep. 13, 2007 |
Notice of Deposition filed.
|
Sep. 12, 2007 |
Notice of Deposition filed.
|
Aug. 31, 2007 |
Notice of Deposition filed.
|
Aug. 21, 2007 |
Notice of Change of Address filed.
|
Aug. 16, 2007 |
Notice of Deposition filed.
|
Jun. 12, 2007 |
Notice of Change of Name and Address filed.
|
Mar. 16, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for November 13 through 16 and November 19, 2007; 9:00 a.m.; Orlando, FL).
|
Feb. 28, 2007 |
Aristocrat Volkswagen East, Inc.`s Objections and Responses to Respondent`s First Request for Documents filed.
|
Feb. 28, 2007 |
Aristocrat Volkswagen East, Inc.`s Objections and Answers to Respondent`s First Set of Interrogatories filed.
|
Feb. 28, 2007 |
Notice of Service of Aristocrat Volkswagen East, Inc.`s Answers to Respondent Classic VW`s First Set of Interrogatories filed.
|
Feb. 02, 2007 |
Notice of Deposition (of J. Hill and S. Farhat) filed.
|
Feb. 02, 2007 |
Notice of Deposition (of D. Hughes and M. King) filed.
|
Jan. 17, 2007 |
Respondent`s First Request for Documents to Petitioner, Aristocrat Volkswagen East, Inc. filed.
|
Jan. 17, 2007 |
Respondent`s Notice of Serving First Interrogatories to Petitioner, Aristocrat Volkswagen East, Inc. filed.
|
Jan. 16, 2007 |
Petitioner Aristocrat Volkswagen East, Inc.`s Notice of Substitution of Counsel (filed by ).
|
Dec. 14, 2006 |
Order of Pre-hearing Instructions.
|
Dec. 14, 2006 |
Notice of Hearing (hearing set for June 11 through 15, 2007; 9:00 a.m.; Orlando, FL).
|
Nov. 03, 2006 |
Aristocrat Volkswagen East, Inc.`s Objections and Answers to Royal Automotive, Inc.`s First Set of Interrogatories filed.
|
Nov. 03, 2006 |
Aristocrat Volkswagen East, Inc.`s Objections and Responses to Royal Automotive, Inc.`s First Requests for Production filed.
|
Oct. 25, 2006 |
Classic VW`s Notice of Filing Answers to Volkswagen of America, Inc.`s First Set of Interrogatories to Classic VW filed.
|
Sep. 27, 2006 |
Agreed Protective Order filed.
|
Sep. 14, 2006 |
Notice of Appearance (filed by M. Meeks).
|
Aug. 31, 2006 |
Notice of Serving Responses to Petitioner`s First Set of Interrogatories to Respondent (filed in Case No. 06-002632).
|
Aug. 31, 2006 |
Notice of Serving Responses to Petitioner`s First Set of Interrogatories to Respondent filed.
|
Aug. 24, 2006 |
Order Accepting Qualified Representative.
|
Aug. 16, 2006 |
Volkswagen of America Inc.`s Request for James R. Vogler, Randall L. Oyler and Steven J. Yatvin to be Approved as its Qualified Representatives filed.
|
Aug. 15, 2006 |
Respondent`s Notice of Service of First Set of Interrogatories to Petitioner, Volkswagen of America, Inc. filed.
|
Aug. 07, 2006 |
Notice of Serving Interrogatories (Volkswagen of America, Inc.).
|
Aug. 07, 2006 |
Notice of Serving Interrogatories (Aristocrat Volkswagen East, Inc.).
|
Aug. 04, 2006 |
Volkswagen of America, Inc.`s Notice of Serving First Set of Interrogatories to Royal Automotive, Inc. filed.
|
Aug. 04, 2006 |
Volkswagen of America, Inc.`s Notice of Serving First Set of Interrogatories to Classic VW filed.
|
Aug. 04, 2006 |
Volkswagen of America, Inc.`s First Set of Request for Production of Documents to Royal Automotive, Inc. filed.
|
Aug. 04, 2006 |
Volkswagen of America, Inc.`s First Set of Requests for Production of Documents to Classic VW filed.
|
Jul. 26, 2006 |
Joint Informational Statement filed.
|
Jul. 26, 2006 |
Notice of Appearance (filed by R. Davis).
|
Jul. 20, 2006 |
Order of Consolidation (DOAH Case Nos. 06-2631 and 06-2632).
|
Jul. 20, 2006 |
Notice of Appearance (filed by J. Forehand).
|
Jul. 19, 2006 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Jul. 19, 2006 |
Notice of Appearance, Request for Hearing filed.
|
Jul. 19, 2006 |
Agency referral filed.
|
Jul. 19, 2006 |
Initial Order.
|
|
CASE STATUS: Motion Hearing Held. |
|
CASE STATUS: Motion Hearing Held. |