Petitioner: VOLKSWAGON GROUP OF AMERICA, INC.
Respondent: KMH AUTOMOTIVE, INC., D/B/A KELLY VOLKSWAGON
Judges: R. BRUCE MCKIBBEN
Agency: Department of Highway Safety and Motor Vehicles
Locations: St. Petersburg, Florida
Filed: Jan. 27, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 18, 2010.
Latest Update: May 26, 2010
10000394 AFO
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 10-0394 DMV CASE NO.: 10-0279
FINAL ORDER NO.: HSMV-10- 154 -S-DMV
VOLKSWAGON GROUP OF AMERICA, INC.,
Petitioner,
vs.
KMH AUTOMOTIVE, INC. d/b/a
KELLY VOLKSW AGON
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 14, 2010.
Accordingly, it is hereby
ORDERED that the Dealership Franchise Agreement between Volkswagon Group of America and KMH Automotive, Inc. d/b/a Kelly Volkswagon is terminated.
Filed May 26, 2010 9:20 AM Division of Administrative Hearings.
/I
DONE AND ORDERED this '/ day of May, 2010, in Tallahassee, Leon County, Florida.
Carl 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 M_ day of May, 2010.
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:
Donald K. Hughes
Volkswagon Group of America, Inc. 12725 Morris Road, Suite 270A Alpharetta, Georgia 30004
Jay B. Verona, Esquire Verona Law Group, P.A. 7235 First Avenue South
St. Petersburg, Florida 33707
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: 10-000394
| Issue Date |
Proceedings |
|
May 26, 2010 |
Agency Final Order filed.
|
|
May 18, 2010 |
Order Closing File. CASE CLOSED.
|
|
May 17, 2010 |
Notice of Voluntary Dismissal with Prejudice filed.
|
|
Mar. 04, 2010 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by June 4, 2010).
|
|
Feb. 17, 2010 |
Motion to Abate filed.
|
|
Feb. 16, 2010 |
Notice of Hearing (hearing set for April 1, 2010; 9:00 a.m.; St. Petersburg, FL).
|
|
Feb. 03, 2010 |
Petitioner's Motion to Correct Name of Respondent filed.
|
|
Feb. 03, 2010 |
Petitioner's First set of Written Interrogatories to Respondent filed.
|
|
Feb. 03, 2010 |
Notice of Serving Interrogatories filed.
|
|
Feb. 03, 2010 |
Petitioner's First Request for Production to Respondent filed.
|
|
Feb. 03, 2010 |
Notice of Filing Information Required by Initial Order .
|
|
Jan. 27, 2010 |
Notice of Termination filed.
|
|
Jan. 27, 2010 |
Letter to K. Hassan from N. Vinayak regarding enclosed copy of notice of intent to terminate filed.
|
|
Jan. 27, 2010 |
Request for Administrative Hearing filed.
|
|
Jan. 27, 2010 |
Agency referral filed.
|
|
Jan. 27, 2010 |
Initial Order.
|
Orders for Case No: 10-000394
