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AMERICAN SUZUKI MOTOR CORPORATION vs JOHNSON BROS. IMPORTS, INC., D/B/A JOHNSON BROS. SUZUKI, 08-001842 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001842 Visitors: 36
Petitioner: AMERICAN SUZUKI MOTOR CORPORATION
Respondent: JOHNSON BROS. IMPORTS, INC., D/B/A JOHNSON BROS. SUZUKI
Judges: ELLA JANE P. DAVIS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Inverness, Florida
Filed: Apr. 15, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 5, 2009.

Latest Update: Dec. 24, 2024
STATE OF FLORIDA Lin . DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES °° vi Dp DOAH CASE No.: 08-1842 FINAL ORDER NO.: 09-51 AMERICAN SUZUKI MOTOR CORPORATION, Petitioner, vs. JOHNSON BROS. IMPORTS, INC., d/b/a JOHNSON BROS. SUZUKI, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Ella Jane P. Davis, 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. Said Order Closing file was predicated upon the Withdrawal of Request for Formal Hearing on Termination filed by Johnson Bros. Imports, Inc., d/b/a Johnson Bros. Suzuki (“Johnson Bros.”). On January 15, 2008, American Suzuki Motor Corporation (“ASMC”) sent a Notice of Intended Termination to Johnson Bros., and on April 15, 2008, Johnson Bros. filed a letter protesting the intended termination and requesting a formal hearing. In consideration of Johnson Bros.’ Withdrawal of Request for Formal Hearing filed on December 31, 2008, the Automotive Dealer Agreement between ASMC and Johnson Bros. is hereby terminated. Accordingly, it is hereby ORDERED that the Automotive Dealer Agreement dated June 29, 2007 between ASMC and Johnson Bros. is terminated as of the date of entry of this order. A DONE AND ORDERED this Lo ay of January, 2009, in Tallahassee, Leon County, } ‘ARL A. FORD, Direcfor Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Florida. Filed with Ae Clerk of the Division of Motor Vehicles this ay of January, 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 Appeilate Procedure. Copies furnished: Ella Jane P. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esq. Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 Andy Bertron, FBN 982849 Virginia Gulde, FBN 50805 Sutherland Asbill & Brennan LLP 3600 Maclay Blvd. South Suite 202 Tallahassee, FL 32312-1267 Attorneys for American Suzuki Motor Corporation Tony DeRungs P.O. Box 22 Midland, South Dakota, 57552 tonyderungs @ yahoo.com Qualified Representative for Johnson Bros. Imports, Inc. Danny Mark Johnson Johnson Bros. Imports, Inc., d/b/a Johnson Bros. Suzuki 915 North Suncoast Boulevard Crystal River, Florida 34429 Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 Gary Konopka, Administrator, Region V1 Division of Motor Vehicles

Docket for Case No: 08-001842
Issue Date Proceedings
Jan. 28, 2009 Final Order filed.
Jan. 05, 2009 Order Closing File. CASE CLOSED.
Dec. 31, 2008 Withdrawal of Request for Formal Hearing on Termination filed.
Dec. 23, 2008 Motion for Telephonic Testimony filed.
Dec. 22, 2008 Order Denying Continuance of Final Hearing.
Dec. 22, 2008 Petitioner`s Response to Motion to Continue Final Hearing filed.
Dec. 19, 2008 Motion to Continue Final Hearing filed.
Nov. 21, 2008 Order (except as modified herein, all other provisions of the first Notice of Hearing shall remain in full force and effect).
Nov. 18, 2008 CASE STATUS: Pre-Hearing Conference Held.
Oct. 21, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 7 and 8, 2009; 10:00 a.m.; Inverness, FL).
Oct. 14, 2008 Joint Motion to Continue Final Hearing filed.
Sep. 30, 2008 Joint Pre-hearing Stipulation filed.
Sep. 25, 2008 Order Re-scheduling Hearing (hearing set for October 28, 2008; 9:00 a.m.; Inverness, FL).
Sep. 25, 2008 Notice of Appearance (filed by J. Bertron).
Sep. 23, 2008 Joint Designation of Availability for Final Hearing filed.
Sep. 10, 2008 Order Lifting Stay; Pre-hearing Schedule (on or before September 24, 2008, parties shall file a joint pleading specifying which of the following dates should be scheduled for final hearing).
Sep. 04, 2008 Johnson Bros. Imports, Inc. Objection to American Suzuki`s Motion to Lift Stay and Reschedule Final Hearing filed.
Sep. 03, 2008 Notice of Filing and Request for Hearing filed.
Sep. 02, 2008 Exhibit A to Motion to Lift Stay filed.
Aug. 22, 2008 American Suzuki`s Motion to Lift Stay and Reschedule Final Hearing filed.
Jul. 25, 2008 Order of Stay (parties shall file a joint status report on or about September 22, 2008).
Jul. 21, 2008 Status Report filed.
Jun. 20, 2008 Order of Stay (parties to file joint status report on or before July 21, 2008).
Jun. 19, 2008 Asset Purchase Agreement filed.
Jun. 19, 2008 Amended Response to Motion to Stay Final Hearing filed.
Jun. 18, 2008 Response in Opposition to Stay Final Hearing filed.
Jun. 18, 2008 Letter to Judge Davis from J. DeRungs enclosing financial information (documents not available for viewing) filed.
Jun. 18, 2008 Affidavit in Support of Motion for Stay of Administrative Proceedings Pursuant to Section 320.641(8) filed.
Jun. 18, 2008 Motion for Stay of Administrative Proceeding Pursuant to Section 320.641(8) and Request for Hearing filed.
Jun. 11, 2008 Prehearing Statement of Johnson Bros. Imports, Inc., d/b/a, Johnson Bros. Suzuki filed.
Jun. 11, 2008 Agreed Motion to Advance the Time to Start Hearing on June 20, 2008 filed.
Jun. 11, 2008 ASMC`s Separate Proposed Pre-hearing Statement filed.
Jun. 05, 2008 Notice of Appearance (filed by V. Gulde).
Jun. 05, 2008 Order (Motion to Strike Deposition is denied).
Jun. 05, 2008 American Suzuki Motor Corporation`s Response to Mr. Johnson`s June 4, 2008 Pleading filed.
Jun. 04, 2008 Johnson Bros. Imports, Inc.`s Response in Opposition to Respondents Request for Expedited Order and Request for Protective Order filed.
Jun. 04, 2008 American Suzuki Motor Corporation`s Response to the June 3, 2008 Order Regarding Johnson Bros. Suzuki`s Motion to Strike Deposition of Richard Skrodzki filed.
Jun. 02, 2008 Order (submittals shall be filed with the Division on or before June 4, 2008, and will be considered together with the motion and response).
May 28, 2008 American Suzuki Motor Corporation`s Response in Opposition to Petitioner`s Motion to Strike Deposition of Richard Skrodzki and Request for Expedited Order filed.
May 27, 2008 Affidavit of Service filed.
May 27, 2008 Motion to Strike Deposition of Richard Skrodzkie filed.
May 23, 2008 Order (parties` Joint Proposed Order of Pre-hearing Instructions is hereby adopted as the Order of Pre-hearing Instructions).
May 22, 2008 Joint Proposed Order of Pre-Hearing Instructions filed.
May 21, 2008 Order on Telephonic Conference on May 20, 2008.
May 21, 2008 Respondent`s Re-Notice of Taking Deposition (of M. Johnson) filed.
May 21, 2008 Respondent`s Re-Notice of Taking Deposition (of B. Johnson) filed.
May 20, 2008 CASE STATUS: Motion Hearing Held.
May 20, 2008 American Suzuki Motor Corporation`s Motion to Schedule the Depositions of Brent and Mark Johnson filed.
May 20, 2008 Request to Br [sic] Represented by a Qualified Representative filed.
May 13, 2008 Letter to Judge Davis from M. Johnson regarding legal representation by J. Anthony DeRung filed.
May 13, 2008 Affidavit of J. Anthony Derungs filed.
May 09, 2008 Notice of Hearing (hearing set for June 20, 2008; 10:00 a.m.; Inverness, FL).
May 06, 2008 Response to May 1, 2008 Order filed.
May 06, 2008 Order (enclosing rules regarding qualified representatives).
May 05, 2008 Respondent`s Notice of Taking Deposition (3) filed.
May 01, 2008 Scheduling Order.
Apr. 28, 2008 CASE STATUS: Pre-Hearing Conference Held.
Apr. 24, 2008 Petitioner American Suzuki Motor Corporation`s Notice of Serving First Request for Production of Documents filed.
Apr. 22, 2008 American Suzuki Motor Corporation`s Response to Initial Order filed.
Apr. 22, 2008 Johnson Bros. Imports, Inc., d/b/a Johnson Bros Suzuki`s Response to Initial Order filed.
Apr. 15, 2008 Notice of Intended Termination filed.
Apr. 15, 2008 Request for Administrative Hearing filed.
Apr. 15, 2008 Agency referral filed.
Apr. 15, 2008 Initial Order.
CASE STATUS: Pre-Hearing Conference Held.
Source:  Florida - Division of Administrative Hearings

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