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JAGUAR LAND ROVER NORTH AMERICA, LLC vs COLLIER AUTO SALES, INC., 10-000040 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000040 Visitors: 5
Petitioner: JAGUAR LAND ROVER NORTH AMERICA, LLC
Respondent: COLLIER AUTO SALES, INC.
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Jan. 05, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 4, 2010.

Latest Update: May 12, 2010
10000040 AFO



STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 10-0040 OMV CASE NO.: 10-0060

FINAL ORDER NO.: HSMV-10- (plP1 -S-DMV


JAGUAR LAND ROVER NORTH AMERICA LLC,


Petitioner,

vs.


COLLIER AUTO SALES, INC.,


Respondent.

. /


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, 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. Said Order Closing File was predicated upon Respondent's Notice of Voluntary Dismissal With Prejudice, filed May 04, 2010.

Accordingly, it is hereby


ORDERED that the Dealership Franchise Agreement between Jaguar Land Rover North America LLC and Collier Auto Sales, Inc. is terminated.


Filed May 12, 2010 2:17 PM Division of Administrative Hearings.

DONE AND ORDERED this /p  y         of May, 2010, in Tallahassee, Leon County,


Florida.


)


arl A. Ford, Director 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 J.1fh_ day of May, 2010.


NainiVlna;., Dealer Mnlnitllalor


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:


Dana C. Boehm, Esquire Hogan & Hartson, LLP

555 Thirteenth Street Northwest Columbia Square

Washington, DC 20004



J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP

3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312


Mark L. Ornstein, Esquire

Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. Post Office Box 1913

Orlando, Florida 32802


R. Bruce McKibben Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602


Nalini Vinayak

Dealer License Section


Docket for Case No: 10-000040
Issue Date Proceedings
May 12, 2010 Agency Final Order filed.
May 04, 2010 Order Closing File. CASE CLOSED.
May 04, 2010 Respondent Collier Auto Sales, Inc.'s Notice of Voluntary Dismissal with Prejudice filed.
Apr. 30, 2010 CASE STATUS: Motion Hearing Held.
Apr. 26, 2010 Petitioner Jaguar Land Rover North America, LLC's Motion to Compel Discovery filed.
Apr. 07, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for May 18 and 19, 2010; 9:00 a.m.; Orlando, FL).
Apr. 07, 2010 Notice of Conflict and Unavailability filed.
Mar. 17, 2010 Order Accepting Qualified Representative.
Mar. 15, 2010 Joint Motion to Continue Final Hearing filed.
Mar. 15, 2010 Petitioner's Request for Representation by Qualified Representatives filed.
Mar. 05, 2010 Amended Notice of Hearing (hearing set for April 21 and 22, 2010; 9:00 a.m.; Orlando, FL; amended as to dates of hearing).
Feb. 22, 2010 Respondent's Response to Petitioner's First Request for Production of Documents filed.
Feb. 22, 2010 Notice of Service of Respondent's Verified Responses to Petitioner's First set of Interrogatories filed.
Feb. 04, 2010 Respondent, Collier Auto Sales, Inc.'s First Request to Produce to Petitioner, Jaguar Land Rover North America, LLC filed.
Jan. 27, 2010 Order of Pre-hearing Instructions.
Jan. 27, 2010 Notice of Hearing (hearing set for April 20 through 22, 2010; 9:00 a.m.; Orlando, FL).
Jan. 15, 2010 Petitioner's Certificate of Service of Discovery Requests filed.
Jan. 13, 2010 Joint Response to Initial Order filed.
Jan. 13, 2010 Notice of Appearance (of J. Bertron) filed.
Jan. 06, 2010 Initial Order.
Jan. 05, 2010 Notice of Termination filed.
Jan. 05, 2010 Notice of Intent to Terminate a Juguar Land Rover North America, LLC Franchise Dealership Agreement for the Line-make Jaguar Land Rover North America, LLC filed.
Jan. 05, 2010 Letter to N. Vinayak from M. Ornstein advising of representation of Collier Auto Sales, Inc. filed.
Jan. 05, 2010 Agency referral filed.

Orders for Case No: 10-000040
Issue Date Document Summary
May 10, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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