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NISSAN DIESEL AMERICA, INC. vs AMERICAN IMPORT CAR SALES, INC., D/B/A JUMBO AUTO AND TRUCK PLAZA OF FORT PIERCE, 10-001946 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-001946 Visitors: 24
Petitioner: NISSAN DIESEL AMERICA, INC.
Respondent: AMERICAN IMPORT CAR SALES, INC., D/B/A JUMBO AUTO AND TRUCK PLAZA OF FORT PIERCE
Judges: JEFF B. CLARK
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Apr. 13, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 12, 2010.

Latest Update: Aug. 20, 2010
10001946 AFO

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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 10-1946 DMV CASE NO.: 10-0609

FINAL ORDER NO.: HSMV-10- JQ i; -S-DMV


NISSAN DIESEL AMERICA, INC.,


Petitioner,


vs.


AMERICAN IMPORT CAR SALES, INC. d/b/a JUMBO AUTO AND TRUCK PLAZA OF FORT PIERCE,


Respondent.

                                                                          !


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Jeff B. Clark, 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. Said Order Closing File was predicated upon the Respondent's Notice of Voluntary Dismissal, filed on August 05, 2010.

Accordingly, it is hereby


ORDERED that the Franchise Agreement between Nissan Diesel America, Inc. and American Import Car Sales, Inc. d/b/a Jumbo Auto and Truck Plaza of Fort Pierce is terminated.


Filed August 20, 2010 1:15 PM Division of Administrative Hearings.



DONE AND ORDERED this /f   of August, 2010, in Tallahassee, Leon County, Florida.


CARL A. FORD, Direc or 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

,.,.,-'.. u             

this 8-athday of August, 2010.


Nafini . Deeler7tcenie Administfator


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:


John W. Forehand, Esquire Kurkin Forehand Brandes LLP

800 North Calhoun Street, Suite lB Tallahassee, Florida 32303


Matthew Porter Julian, Esquire Baker & Hostetler LLP

200 South Orange Avenue, Suite 2300

Orlando, Florida 32803


David R. Jarrett, Esquire Baker & Hostetler LLP

1000 Louisiana Avenue, Suite 2000

Houston, Texas 77002


Jeff B. Clark Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550


Nalini Vinayak

Dealer License Section


Docket for Case No: 10-001946
Issue Date Proceedings
Aug. 20, 2010 Agency Final Order filed.
Aug. 12, 2010 Order Closing File. CASE CLOSED.
Aug. 05, 2010 Notice of Voluntary Dismissal filed.
Jun. 24, 2010 Notice of Hearing (hearing set for September 13 through 15, 2010; 9:00 a.m.; Orlando, FL).
Jun. 14, 2010 Joint Response to Order Granting Continuance filed.
Jun. 04, 2010 Order Granting Continuance (parties to advise status by June 14, 2010).
Jun. 04, 2010 Order Accepting Qualified Representative.
Jun. 03, 2010 Supplement to Joint Motion for Continuance filed.
May 21, 2010 Petitioner's Motion for Representation by Qualified Representative filed.
May 21, 2010 Joint Motion for Continuance filed.
May 18, 2010 Order of Pre-hearing Instructions.
May 18, 2010 Notice of Hearing (hearing set for June 15 through 17, 2010; 9:00 a.m.; Orlando, FL).
Apr. 21, 2010 Joint Response to Initial Order filed.
Apr. 21, 2010 Notice of Appearance (of M. Julian) filed.
Apr. 15, 2010 Amended Petition for Determination of Unfair Discontinuation Pursuant to Section 320.641, Florida Statutes filed.
Apr. 15, 2010 Letter to Judge Cohen from N.Vinayak regarding enclosed a amended complaint and supporting documents filed.
Apr. 14, 2010 Initial Order.
Apr. 13, 2010 Agency action letter filed.
Apr. 13, 2010 Petition for Determination of Unfair Discontinuation Pursuant to Section 320.641, Florida Statutes filed.
Apr. 13, 2010 Agency referral filed.

Orders for Case No: 10-001946
Issue Date Document Summary
Aug. 20, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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