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AMERICAN HONDA MOTORS CO, INC., AND FIRST COAST IMPORTS, LLC, D/B/A FIRST COAST HONDA vs P AND D MOTORCYCLES, INC., D/B/A PURCELL`S MOTORCYCLE AND MARINE WORLD, 08-002738 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-002738 Visitors: 18
Petitioner: AMERICAN HONDA MOTORS CO, INC., AND FIRST COAST IMPORTS, LLC, D/B/A FIRST COAST HONDA
Respondent: P AND D MOTORCYCLES, INC., D/B/A PURCELL`S MOTORCYCLE AND MARINE WORLD
Judges: HARRY L. HOOPER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Jacksonville, Florida
Filed: Jun. 10, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 1, 2008.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA ; DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICEBS . .. DOAH CASE NO.: 08-2738 _ FINAL ORDER #: HSMYV-08-1503-S-DMV AMERICAN HONDA MOTORS CO., INC., AND FIRST COAST IMPORTS, LLC, d/b/a FIRST COAST HONDA, Petitioner, vs. P AND D MOTORCYCLES, INC., d/b/a PURCELL’S MOTORCYCLE AND MARINE WORLD, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Harry L. Hooper, 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, First Coast Honda is granted permission to relocate its dealership for the sale Honda (HOND) Motorcycles from its present location at 210 State Road 16, St. Augustine, Florida 32804 565, 569, 573, 577 and 581 West Twincourt Trail, St. Augustine (St. Johns County), Florida 32095. Upon completion of the relocation and compliance with all applicable requirements of section 320.27, Florida Statutes, and all applicable Department rules. Petitioner’s license will be amended to show its new address. i DONE AND ORDERED this 2/ 2 day of August, 2008, in Tallahassee, Leon County, Florida. A. FORD, Dire¢tor 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 G/SZ day of August, 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: David G. Lerner, Esquire Litchford and Christopher 390 North Orange Avenue Orlando, Florida 32802 Mark L. Ornstein, Esquire Killgore, Pearlman, Stamp, Ornstein and Squires, P.A. Post Office Box 1913 Orlando, Florida 32802-1913 Robert C. Byerts, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle 1 Tallahassee, Florida 32308 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Harry L. Hooper 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 ADMINISTRATION HEARINGS AMERICAN HONDA MOTORS CO., INC., AND FIRST COAST IMPORTS, LLC, d/b/a FIRST COAST HONDA, Petitioners, vs. Case No. 08-2738 P AND D MOTORCYCLES, INC., d/b/a PURCELL’S MOTORCYCLE AND MARINE WORLD, Respondent. A NOTICE OF WITHDRAWAL OF PROTEST eee Following receipt of registration information from the State of Florida on July 30, 2008, and analysis thereof, Respondent P&D Motorcycles, Inc., d/b/a Purcell’s Motorcycle and Marine World, hereby withdraws its protest to the relocation of First Coast Imports, LLC d/b/a First Coast Honda. Respectfully submitted this 31st day of July, 2008. s/ Robert C. Byerts Robert C. Byerts R. Craig Spickard Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 (850)878-6404 tel. (850)942-4869 fax Filed July 31, 2008 4:47 PM Division of Administrative Hearings. CERTIFICIATE OF SERVICE I HEREBY CERTIFY that a true copy hereof has been furnished by U. S. Mail to Michael J. Alderman, Esquire, DHSMV, Neil Kirkman Building, Room A-432, 2900 Apalachee Parkway, Tallahassee FL 32399-0635, Hal K. Litchford, Esquire, Litchford & Christopher, 390 North Orange Avenue, Post Office Box 1549, Orlando FL 32802, and Mark L. Ornstein, Esquire, Killgore, Pearlman Stamp Ornstein & Squires, P.A., 2 South Orange Avenue, 5" Floor, Orlando FL 32801, this 31st day of July, 2008. s/Robert C. Byerts

Docket for Case No: 08-002738
Issue Date Proceedings
Aug. 25, 2008 Final Order filed.
Aug. 01, 2008 Order Closing File. CASE CLOSED.
Jul. 31, 2008 Notice of Withdrawal of Protest filed.
Jul. 30, 2008 American Honda`s Emergency Motion to Compel in Connection with the August 7, 2008 Hearing on Its Motion to Dismiss for Lack of Standing filed.
Jul. 25, 2008 American Honda`s Objections and Responses to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World`s First Set of Interrogatories Dated June 24, 2008 filed.
Jul. 25, 2008 American Honda`s Objections and Responses to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World`s First Request for Production Dated June 24, 2008 filed.
Jul. 22, 2008 Notice of Telephonic Motion Hearing (motion hearing set for August 7, 2008; 1:00 p.m.).
Jul. 21, 2008 CASE STATUS: Pre-Hearing Conference Held.
Jul. 15, 2008 Notice of Service of Responses and Objections to Petitioner`s Interrogatories and Requests for Production filed.
Jul. 15, 2008 Respondent`s Response to American Honda Motor Co.`s Motion to Dismiss for Lack of Standing filed.
Jul. 14, 2008 Response to American Honda Motors Co., Inc.`s Request for Admissions to P and D Motorcycles, Inc., filed.
Jul. 10, 2008 Notice of Transfer.
Jul. 03, 2008 Memorandum in Opposition to Respondent`s Motion for Extension of Time to Respond to American Honda`s Motion to Dismiss for Lack of Standing filed.
Jul. 03, 2008 Respondent`s Motion for Extension of Time to Respond to American Honda Motor Co.`s Motion to Dismiss for Lack of Standing filed.
Jun. 30, 2008 American Honda`s Motion to Dismiss for Lack of Standing filed.
Jun. 27, 2008 Respondent`s Notice of Dismissal filed.
Jun. 26, 2008 Response to Motion to Expedite Responses to Discovery and Response to Motion to Establish Briefing Schedule filed.
Jun. 24, 2008 Notice of Service of P&D Motorcycles, Inc., d/b/a Purcell`s Motorcycle & Marine World`s First Set of Interrogatories to Petitioner American Honda Motor Co., Inc. filed.
Jun. 20, 2008 Motion to Require Respondent to the Expedite its Responses to Pending Discovery and to Establish Schedule for Filing and Briefing Motion to Dismiss Based on Lack of Standing filed.
Jun. 20, 2008 Unopposed Motion to Consolidate with DOAH Case No. 08-2808 filed.
Jun. 19, 2008 Notice of Appearance (filed by Mark L. Ornstein).
Jun. 17, 2008 Coordinated Response to Initial Order filed.
Jun. 16, 2008 Notice of Telephonic Pre-hearing Conference (set for June 23, 2008; 1:00 p.m.).
Jun. 16, 2008 Notice of Appearance (filed by R. Byerts).
Jun. 16, 2008 American Honda`s First Set of Interrogatories to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World filed.
Jun. 16, 2008 Notice of Service of American Honda`s First Set of Interrogatories to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World filed.
Jun. 16, 2008 American Honda`s Request for Admissions to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World filed.
Jun. 16, 2008 American Honda`s Request for Production to Respondent P&D Motorcycles, Inc. d/b/a Purcell`s Motorcycle & Marine World filed.
Jun. 13, 2008 Notice of Appearance (filed by D. Lerner).
Jun. 13, 2008 Notice of Appearance (filed by H. Litchford).
Jun. 10, 2008 Initial Order.
Jun. 10, 2008 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
Jun. 10, 2008 Petition or Complaint Protesting Establishment of Dealership filed.
Jun. 10, 2008 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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