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DADELAND DODGE, INC vs CHRYSLER GROUP CARCO, LLC AND SPITZER AUTOWORLD HOMESTEAD, INC., 11-002372 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-002372 Visitors: 7
Petitioner: DADELAND DODGE, INC
Respondent: CHRYSLER GROUP CARCO, LLC AND SPITZER AUTOWORLD HOMESTEAD, INC.
Judges: ERROL H. POWELL
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: May 11, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 19, 2011.

Latest Update: Sep. 21, 2011
11002372AFO

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 11-2372, 11-2378, 11-2379

DMV CASE NO.: 11-512, 11-514, 11-513 FINAL ORDER NO.: HSMV-11-1l,g. •S-DMV


DADELAND DODGE, INC.,


Petitioner,

vs.


CHRYSLER GROUP CARCO LLC and SPITZER AUTOWORLD HOMESTEAD, INC.,


Respondent.



FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Errol H. Powell, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department finds that the proposed establishment of Spitzer Autoworld Homestead, Inc. was duly noticed in accordance with section 320.642, Florida Statutes, a single protest was filed to that establishment and the matter referred to the Division of Administrative Hearings, and the protest has been withdrawn with prejudice by the protestant. The Department, therefore, hereby adopts the Order Closing File as its Final Order in this matter.

Accordingly, it is


ORDERED and ADJUDGED that the establishment of Spitzer Autoworld Homestead, Inc. as a new motor vehicle dealer for the sale and service of Chrysler, Jeep and Dodge cars and trucks at 30101 South Dixie Highway, Homestead (Miami Dade County), Florida 33030, be and


Filed September 21, 2011 8:24 AM Division of Administrative Hearings

is hereby approved. Having been issued license number VF-10307 19, Spitzer Autoworld Homestead, Inc. is authorized to operate as a new motor vehicle dealer at 30101 South Dixie

Highway, Homestead (Miami Dade County), Florida 33030.

--

DONE AND ORDERED this d   day of September, 2011, in Tallahassee, Leon Coun ty, Flor ida.


S andra C. Lambert, Director Division of Motorist Se rvices

Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A435, MS 80 Tallahassee, Florida 32399


Filed with the Clerk of the Division of Motorist Service s

this day of Sept ember, 20 11.

??at·-· v,. Jc

Nalini Vinayak, Dea cense Admisntar tor


NOTICE OF APPEAL RIGHTS


Judi cial review of this order may be had pursuant to section 120 .68, Florida Statutes, in the District Court of Appeal for the First Dis trict, State of Florida, or in any othe r district court of appeal of this state in an appellate district where a party resides. In orde r to initiate such revie w, 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 30 days of the filing date of this order as set out above, pursuant to Rules of Appellate Pro ced ure.


SCL:vlg


Copies furnis hed :


Kenneth L. Pareni, Esquire Adams, Quinton and Paren i, P. A. 80 Southwest 8th S treet, Suite 2150 Miami , Florida 33130

Jerald Freshman, Esquire Freshman & Freshman LLC

9155 South Dadeland Boulevard, Suite 1014

Miami, Florida 33156


Dean Bunch, Esquire

C. Everett Boyd, Jr., Esquire

Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312


Errol H. Powell Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399


Nalini Vinayak

Dealer License Section


Docket for Case No: 11-002372
Issue Date Proceedings
Sep. 21, 2011 (Agency) Final Order filed.
Sep. 19, 2011 Order Closing Files. CASE CLOSED.
Sep. 16, 2011 Joint Motion to Close File and Remand for Issuance of Final Order Approving Establishment of Spitzer filed.
Sep. 09, 2011 Order Regarding Motion for Summary Disposition and Request for Expedited Hearing.
Sep. 02, 2011 Notice of Cancellation of Deposition(s) filed.
Aug. 31, 2011 Respondent Chrysler Group Carco LLC's Response to Petitioner Dadeland Dodge, Inc.'s Motion for Summary Disposition and Request for Expedited Hearing filed.
Aug. 30, 2011 Notice of Taking Deposition (of Spitzer Autoworld Homestead, Inc. Corporate Rep.) filed.
Aug. 29, 2011 Notice of Taking Deposition (of N. Vinayak) filed.
Aug. 24, 2011 Petitioner, Dadeland Dodge, Inc.'s Motion for Summary Disposition & Request for Expedited Hearing & Incorporated Memorandum of Law filed.
Aug. 22, 2011 Notice of Taking Deposition (of Chrylser Group Representative) filed.
Aug. 18, 2011 Petitioner, Dadeland Dodge, Inc.'s First Request for Production filed.
Jul. 12, 2011 Notice of Motion Hearing (motion hearing set for September 22 and 23, 2011; 9:00 a.m.).
Jul. 11, 2011 CASE STATUS: Pre-Hearing Conference Held.
Jul. 06, 2011 Order of Pre-hearing Instructions.
Jul. 06, 2011 Notice of Hearing (hearing set for January 3 through 6 and 9 through 13, 2012; 9:00 a.m.; Tallahassee, FL).
Jun. 16, 2011 Respondent Chrysler Group Carco LLC's Reply to Dadeland Dodge, Inc.'s Response to Motion for Recommended Order of Dismissal filed.
Jun. 14, 2011 Petitioner's Response to Chrysler Group Carco LLC's Motion for Recommended Order of Dismissal & Entry of Final Order Approving Establishment of Dealerships & Request for Bifurcated & Expedited Evidentiary Hearing filed.
Jun. 13, 2011 Order Granting Extension of Time.
Jun. 07, 2011 Respondent Chrysler Group Carco LLC's Response to Petitioner's Motion for Extension of Time to Respond to Motion for Recommended Order of Dismissal filed.
Jun. 06, 2011 Petitioner's Unopposed Motion for Enlargement of Time filed.
Jun. 03, 2011 Joint Response to Initial Orders filed.
May 31, 2011 Respondent Chrysler Group Carco LLC's Motion for Recommended Order of Dismissal and Entry of Final Order Approving Establishment of Dealerships, and Request for Bifuricated and Expedited Evidentiary Hearing filed.
May 23, 2011 Order of Consolidation and Extension of Time (DOAH Case Nos. 11-2372, 11-2378, and 11-2379).
May 18, 2011 Joint Motion to Consolidate Cases and to Extend Time to Respond to the Initial Orders(s) filed.
May 18, 2011 Notice of Appearance (of D. Bunch) filed.
May 18, 2011 Notice of Appearance (of C. Boyd) filed.
May 12, 2011 Initial Order.
May 11, 2011 Agency referral filed.
May 11, 2011 Request for Administrative Hearing filed.
May 11, 2011 Agency action letter filed.

Orders for Case No: 11-002372
Issue Date Document Summary
Sep. 20, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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