Petitioner: YAMAHA MOTOR CORPORATION, U.S.A.
Respondent: CON`S CYCLE CENTER, INC., D/B/A HOUSE OF POWER
Judges: J. D. PARRISH
Agency: Department of Highway Safety and Motor Vehicles
Locations: Viera, Florida
Filed: Apr. 27, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 27, 2010.
Latest Update: Feb. 15, 2010
09002258 AFO
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-2258 DMV CASE NO.: 09-0932
FINAL ORDER NO.: HSMV-10-OA5''f-S-DMV
YAMAHA MOTOR CORPORATION,
U.S. A.,
Petitioner,
vs.
CON'S CYCLE CENTER, INC., d/b/a HOUSE OF POWER,
Respondent.
. !
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing File by J. D. Parrish, 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 Relinquishing Jurisdiction and Closing File as its Final Order in this matter. Said Order Closing File was predicated upon the Respondent's Notice of Dismissal With Prejudice.
Accordingly, it is hereby
ORDERED that the Dealer Agreement between Yamaha Motor Corporation U.S. A. and Con's Cycle Center, Inc. d/b/a House of Power is terminated .
Filed February 15, 2010 8:00 AM Division of Administrative Hearings.
DONE AND ORDERED this // i of February, 2010, in Tallahassee, Leon County, Florida.
rec 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 }jj_hJ.ay of February, 2010.
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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.
CAF:vlg
Copies furnished:
Alex Kurkin, Esquire Kurkin Brandes, LLP
4300 Biscayne Boulevard, Suite 300
Miami, Florida 33137
J. Andrew Bertron, Esquire
Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202
Tallahassee, Florida 32312
J. D. Parrish Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Michael J. Alderman, Esquire Assistant General Counsel
Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399
Florida Administrative Law Reports Post Office Box 385
Gainesville, Florida 32602
Nalini Vinayak
Dealer License Section
Docket for Case No: 09-002258
| Issue Date |
Proceedings |
|
Feb. 15, 2010 |
(Agency) Final Order filed.
|
|
Jan. 27, 2010 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
|
Jan. 26, 2010 |
Respondent's Notice of Dismissal with Prejudice filed.
|
|
Dec. 07, 2009 |
Order Granting Motion to Compel Discovery.
|
|
Dec. 03, 2009 |
Petitioner's Motion to Compel Discovery Responses filed.
|
|
Dec. 02, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for February 16 and 17, 2010; 9:00 a.m.; Viera, FL).
|
|
Dec. 02, 2009 |
Respondent's Response to Petitioner's First Request for Admissions filed.
|
|
Nov. 13, 2009 |
Notice of Transfer.
|
|
Nov. 03, 2009 |
Respondent's First Request for Production of Documents filed.
|
|
Nov. 03, 2009 |
Join Motion to Reschedule Final Hearing filed.
|
|
Sep. 16, 2009 |
Order of Pre-hearing Instructions.
|
|
Sep. 16, 2009 |
Notice of Hearing (hearing set for December 22, 2009; 9:00 a.m.; Viera, FL).
|
|
Sep. 15, 2009 |
Second Joint Status Report filed.
|
|
Jul. 15, 2009 |
Order Continuing Case in Abeyance (parties to advise status by September 15, 2009).
|
|
Jul. 14, 2009 |
Joint Status Report filed.
|
|
May 18, 2009 |
Order Placing Case in Abeyance (parties to advise status by July 13, 2009).
|
|
May 12, 2009 |
Petitioner's Response to Respondent's Motion for Stay filed.
|
|
May 07, 2009 |
Motion for Stay Pursuant to Section 320.641(8), Florida Statutes filed.
|
|
May 04, 2009 |
Joint Response to Initial Order filed.
|
|
Apr. 28, 2009 |
Notice of Appearance (filed by J. Bertron).
|
|
Apr. 27, 2009 |
Notice of Intent to Terminate Dealer Agreement filed.
|
|
Apr. 27, 2009 |
Initial Order.
|
|
Apr. 27, 2009 |
Letter to G. Sandler from N. Vinayak regarding Notice of Intent to Terminate Yamaha Franchise Dealership filed.
|
|
Apr. 27, 2009 |
Petition for Determination of Unfair Discontiuation Pursuat to Section 320.641(3), Florida Statutes filed.
|
|
Apr. 27, 2009 |
Agency referral
|
Orders for Case No: 09-002258
