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: Jan. 21, 2025
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
Issue Date |
Proceedings |
Mar. 21, 2008 |
Final Order filed.
|
Feb. 27, 2008 |
Order Closing File. CASE CLOSED.
|
Feb. 27, 2008 |
Settlement Stipulation and Motion to Relinquish Jurisdiction filed.
|
Jan. 08, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 08, 2008 |
Notice of Hearing (hearing set for March 7, 2008; 9:00 a.m.; Orlando, FL).
|
Jan. 04, 2008 |
Response to Initial Order filed.
|
Dec. 28, 2007 |
Denial of Application for Dealer License filed.
|
Dec. 28, 2007 |
David Hearsey`s, Petition to Initiate Proceedings Regarding Department of Motor Vehicles Denial of Application for Dealer License as to No Haggle Auto Sales, Inc., filed.
|
Dec. 28, 2007 |
Notice of Appearance (filed by S. Sheffler).
|
Dec. 28, 2007 |
Agency referral filed.
|
Dec. 28, 2007 |
Initial Order.
|