Petitioner: PALMETTO FORD TRUCK SALES, INC., D/B/A PALMETTO TRUCK CENTER
Respondent: STERLING TRUCK CORPORATION
Judges: STUART M. LERNER
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Feb. 16, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, October 12, 2010.
Latest Update: Dec. 03, 2010
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO’s.: 09-0861, 09-0862, 09-0863
DMV CASE NO’s.: 09-201, 09-200, 09-202
FINAL ORDER #: HSMV-09-516-FOF-DMV
PALMETTO FORD TRUCK SALES, INC.,
d/b/a PALMETTO TRUCK CENTER,
Petitioner,
vs.
STERLING TRUCK CORPORATION,
Respondents.
ATLANTIC FORD TRUCK SALES, INC.,
d/b/a ATLANTIC TRUCK CENTER,
Petitioner,
vs.
STERLING TRUCK CORPORATION
Respondent.
ASBELL TRUCK CENTER, INC.,
Petitioner,
vs.
STERLING TRUCK CORPORATION
Respondent.
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of a
Recommended Order of Dismissal by Stuart M. Lerner, 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 Recommended Order as its Final Order in this
matter, Accordingly, it is
ORDERED and ADJUDGED that Petitioner's, Palmetto Ford Truck Sales, Inc.,
complaint is DISMISSED.
DONE AND ORDERED this b “ day of August, 2009, in Tallahassee, Leon County,
/
Carl. A. Ford, Director
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Florida.
Filed with the Clerk of the
Division of Motor Vehicles
this Tah day of , 2009.
NOTICE OF APPEAL RIGHTS Zi. bins Lu:
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.
Petitioners filed exceptions which are ruled on in the appendix to this order.
Copies furnished:
A. Edward Quinton, Il, Esquire
Adams, Quinton & Paretti, P.A.
Brickell Bayview Center
80 SW 8" Street, Suite 2150
Miami, Florida 33130
Dean Bunch, Esq.
Nelson, Mullins, Riley & Scarborough LLP
3600 Maclay Blvd., South, Suite 202
Tallahassee, Florida 32309
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Stuart M. Lerner
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
Docket for Case No: 09-000861
Issue Date |
Proceedings |
Dec. 03, 2010 |
Agency Final Order filed.
|
Oct. 12, 2010 |
Order Closing File. CASE CLOSED.
|
Oct. 06, 2010 |
Notice of Voluntary Dismissal with Prejudice filed.
|
Oct. 05, 2010 |
Order of Bifurcation.
|
Oct. 04, 2010 |
Notice of Voluntary Dismissal (filed in Case No. 09-000863).
|
Sep. 16, 2010 |
Joint Motion for Extension of Time filed.
|
Sep. 03, 2010 |
Order Granting Additional Extension of Time.
|
Sep. 03, 2010 |
Amended Order of Bifurcation.
|
Sep. 03, 2010 |
Order of Bifurcation.
|
Sep. 02, 2010 |
Joint Motion for Extension of Time filed.
|
Sep. 02, 2010 |
Notice of Voluntary Dismissal (filed in Case No. 09-000862).
|
Aug. 19, 2010 |
Order Granting Extension of Time.
|
Aug. 18, 2010 |
Joint Status Report filed.
|
Jul. 27, 2010 |
Order Granting Extension of Time.
|
Jul. 27, 2010 |
Joint Motion for Extension of Time filed.
|
Jul. 16, 2010 |
Order Reopening Files and Requiring Status Report.
|
Jul. 16, 2010 |
Opinion filed.
|
Jul. 16, 2010 |
Mandate filed.
|
Jul. 16, 2010 |
Agency referral filed.
|
Aug. 11, 2009 |
Final Order filed.
|
Aug. 11, 2009 |
Appendix to Final Order Ruling on Exceptions to Recommended Order of Dismissal filed.
|
Mar. 16, 2009 |
Order Relinquishing Jurisdiction for Entry of Final Orders of Dismissal. CASE CLOSED.
|
Mar. 16, 2009 |
Sterling Truck Corporation`s Second Notice of Filing Supplemental Authority filed.
|
Mar. 13, 2009 |
Sterling Truck Corporation`s Notice of Filing Supplemental Authority filed.
|
Mar. 12, 2009 |
CASE STATUS: Motion Hearing Held. |
Mar. 12, 2009 |
Notice of Filing, Affidavit of M. Osborne filed.
|
Mar. 10, 2009 |
Sterling Truck Corporation`s Reply in Support of Motion to Dismiss filed.
|
Mar. 09, 2009 |
Petitioners` Response to Respondent Sterling Truck Corporation`s Motions to Dismiss filed.
|
Mar. 06, 2009 |
Order of Pre-hearing Instructions.
|
Mar. 06, 2009 |
Notice of Hearing (hearing set for April 30 and May 1, 2009; 9:00 a.m.; Tallahassee, FL).
|
Mar. 03, 2009 |
Order Granting Extension of Time (responses to the Motion to Dismiss to be filed by ).
|
Mar. 02, 2009 |
Motion for Extension filed.
|
Feb. 25, 2009 |
Order of Consolidation (DOAH Case Nos. 09-0861, 09-0862, and 09-0863).
|
Feb. 24, 2009 |
Joint Response to Initial Order and Request for Consolidation filed.
|
Feb. 24, 2009 |
Notice of Appearance (filed by C. Boyd).
|
Feb. 23, 2009 |
Order Granting Extension of Time (response to Respondent`s Motion to Dismiss to be filed by March 2, 2009).
|
Feb. 20, 2009 |
Motion for Extension filed.
|
Feb. 17, 2009 |
Initial Order.
|
Feb. 16, 2009 |
Respondent Sterling Truck Corporation Motion to Dismiss filed.
|
Feb. 16, 2009 |
Order Granting Motion for Extension of Time filed.
|
Feb. 16, 2009 |
Respondent`s Motion for Extension of Time filed.
|
Feb. 16, 2009 |
Discontinuation of Product Lines filed.
|
Feb. 16, 2009 |
Complaint filed.
|
Feb. 16, 2009 |
Agency referral
|
Feb. 13, 2009 |
Complaint filed.
|
Orders for Case No: 09-000861