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.
|