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A AND A SCOOTERS, INC., AND AC PRO-TECT, LLC vs JOHN T. FAULKNER, D/B/A FAULKNER MOTORSPORTS, 08-002360 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002360 Visitors: 7
Petitioner: A AND A SCOOTERS, INC., AND AC PRO-TECT, LLC
Respondent: JOHN T. FAULKNER, D/B/A FAULKNER MOTORSPORTS
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: New Port Richey, Florida
Filed: May 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 29, 2008.

Latest Update: Jul. 06, 2024
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES : eye DOAH CASE NO:: 08-2360 & 08-2361 a, & FINAL ORDER #: HSMV-08-1710-S-DMV bo a. * gy, @ tig, & OP Wyph, a A AND A SCOOTERS, INC., AND AC GI 2 PRO-TECT, LLC, Petitioners, vs. JOHN T. FAULKNER, d/b/a FAULKNER MOTORSPORTS, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of Order closing file by Daniel Manry, 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, AC Pro-Tect, LLC, be granted a license as a dealer for the sale of motorcycles manufactured by Chongqing Lifan Industry Group Co. Ltd. (CHOL) at 12433 US Highway 19, Hudson (Pasco County), Florida 34667 upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this wh, of September, 2008, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Diféctor Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this 25-day of September, 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: Bill Shuert AC Pro-tect, LLC 12228 US Highway 19 Hudson, Florida 34667-2001 John T. Faulkner Faulkner Motorsports 4237 U.S. Highway 19 New Port Richey, Florida 34652 Leah Jordan A and A Scooter, Inc. 2533 Royal Lane, No. 505 Dallas, Texas 75229 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Daniel Manry Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS A AND A SCOOTERS, INC., AND AC PRO-TECT, LLC, Petitioners, ) ) ) ) ) vs. ) Case Nos. 08-2360 ) 08-2361 JOHN T. FAULKNER, d/b/a ) ) ) ) ) FAULKNER MOTORSPORTS, Respondent. ORDER CLOSING FILES This cause came before the undersigned for final hearing on July 23, 2008. The protestor's failure to appear and present evidence is deemed to be a voluntary dismissal with prejudice. Based on the foregoing, it is, therefore, ORDERED that the files of the Division of Administrative Hearings in the above-captioned matter are closed. Jurisdiction is relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 29th day of July, 2008, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 29th day of July, 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 Bill Shuert AC Pro~-Tect, LLC 12228 US Highway 19 Hudson, Florida 34667-2001 John T. Faulkner Faulkner Motorsports 4237 U.S. Highway 19 New Port Richey, Florida 34652 Leah Jordan A & A Scooter, Inc. 2533 Royal Lane, No. 505 Dallas, Texas 75229

Docket for Case No: 08-002360
Issue Date Proceedings
Nov. 26, 2008 Order Vacating Final Order HSMV-08-1710-S-DMV filed.
Oct. 08, 2008 Final Order filed.
Jul. 29, 2008 Order Closing Files. CASE CLOSED.
Jul. 28, 2008 Order of Consolidation (DOAH Case Nos. 08-2360 and 08-2361).
Jul. 23, 2008 CASE STATUS: Hearing Held.
Jun. 16, 2008 Undeliverable envelope returned from the Post Office.
Jun. 05, 2008 Order of Pre-hearing Instructions.
Jun. 05, 2008 Notice of Hearing (hearing set for July 23, 2008; 9:30 a.m.; New Port Richey, FL).
Jun. 02, 2008 Undeliverable envelope returned from the Post Office.
May 16, 2008 Amended Initial Order.
May 15, 2008 Letter to DOAH from L. Jordan regarding change of address filed.
May 14, 2008 Initial Order.
May 14, 2008 Protest of Intent to Establish a Dealership filed.
May 14, 2008 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
May 14, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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