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NO HAGGLE AUTO SALES, INC. vs DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, 07-005817 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005817 Visitors: 13
Petitioner: NO HAGGLE AUTO SALES, INC.
Respondent: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Dec. 28, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 27, 2008.

Latest Update: Sep. 16, 2024
STATE OF FLORIDA - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 07-5817 FINAL ORDER #: HSMV-08-351-S-DMV NO HAGGLE AUTO SALES, INC., Petitioner, B vs. 5 ~ DEPARTMENT OF HIGHWAY SAFETY ~ AND MOTOR VEHICLES, U : SS Respondent. oy / o FINAL ORDER This matter came before the Department for entry of a Final Order pursuant to an order closing the file at the Division of Administrative Hearings. The record reflects that the parties have settled their dispute and entered into a Settlement Stipulation. Having reviewed the stipulation and being otherwise fully advised in the premises, it is therefore ORDERED AND ADJUDGED that: 1. The Department hereby withdraws the letter dated December 7, 2007, to David Hearsey denying the license application for Petitioner No Haggle Auto Sales, Inc. 2. Petitioner hereby withdraws its Petition dated December 26, 2007. 3. Each party will bear its own costs and attorney fees. It is further ORDERED that the Settlement Stipulation of Petitioner and Respondent (a copy of which is attached) is adopted and aw a this Final Order of the Department. DONE AND ORDERED this /7 day of March, 2008, in Tallahassee, Leon County, Florida. ART, A. FORD,Difectar™ Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division ofMotor Vehicles this /7&day of March, 2008. 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: Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Scott S. Sheffler, Esquire Worman & Sheffler, P.A. 2707 West Fairbanks Avenue, Suite 200 Winterpark, Florida 32789 David Hearsey No Haggle Auto Sales, Inc. 10501 Marylou Drive Orlando, Florida 32825 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 William Camper Hearing Officer Division of Motor Vehicles Billy Rankin Chief, Field Operations Division of Motor Vehicles Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NO HAGGLE AUTO SALES, INC., Petitioner, Case No. 07-5817 vs. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Settlement Stipulation and Motion to Relinquish Jurisdiction, filed February 27, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for March 7, 2008, is hereby canceled. 2. 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 27th day of February, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of February, 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 Scott S. Sheffler, Esquire Worman & Sheffler, P.A. 2707 West Fairbanks Avenue, Suite 200 Winter Park, Florida 32789 Received: Feb 20 2008 01:54pm 82/28/2008 @1:51 407841" 5 WORMAN & SHEFF" PAGE 93/24 . RECEIVED @2/12/2098 01:37 4870419516 WORMAN & SHEFFLER OHSMY LEGAL TLH Fax:850-17-5112 Feb 12 2008 01:39pa P002/003 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NO HAGGLE AUTO SALES, INC, DOAH Case No.: 07-5817 Petitioner, vs. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEBICLES, Respondent. / SETTLEMENT STIPULATION AND MOTION TO RELINQUISH JURISDICTION Department of Highway Safety and Motor Vehicles, hereinafter referred to as “Department,” and No Hagele Auto Sale, Inc, referred to as “Petitioner,” hereby stipulate and agree to the following joint Settlement Stipulation and move for relinquishment of jurisdiction for the purpose of entering a Final Order of the Department incorporating this Settlement Stipulation in the above-styled matter, as follows: 1. The Department hereby withdraws the letter dated December 7, 2007, to David Hearscy denying the license application for Petitioncr No Haggle Auto Sales, Inc. 2. Petitioner hereby withdraws its petition dated December 26, 2007. 3. Each party will bear its own costs and atorney fees. Received: 82/20/2088 01:51 4078d1¢ 4 RECEIVED 82/12/2008 1:37 DHSWV LEGAL TLH Feb 20 2008 01:54pm WORMAN & SHEFF PAGE 04/04 4878419516 WORMAN & SHEFFLER Fax:850-617-5117 Feb 12 2008 01:39om P003/003 WHEREFORE, the parties move the Administrative Law Judge for the entry of an order relinquishing jurisdiction of this matter to the Department. Seta > QS ay of fal. , 2008 Signed this jd. day of FABRE, 2008. aie A ati Esquire -“SCOTT Ae Esquire Worman & Sheffler, PA. 2707 West Fairbanks Avenue, Suite 200 Winter Park, Florida 32789 Attomey for Petitioner Fla. Bar No. 880418- Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles . 2900 Apalachee Parkway . Tallahassee, Flonda, 32399 Attomey for Respondent Fla. Bar No.242357 DAVID HEARSEY No Haggle Auto Sales, Inc 10501 Marylou Drive Orlando, Florida 32825

Docket for Case No: 07-005817
Source:  Florida - Division of Administrative Hearings

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