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POMPANO AUTOMOTIVE ASSOCIATES, LLC vs SUBARU OF AMERICA, INC., AND COCONUT CREEK AUTOMOTIVE, LLC, D/B/A COCONUT CREEK SUBARU, 11-005724 (2011)

Court: Division of Administrative Hearings, Florida Number: 11-005724 Visitors: 15
Petitioner: POMPANO AUTOMOTIVE ASSOCIATES, LLC
Respondent: SUBARU OF AMERICA, INC., AND COCONUT CREEK AUTOMOTIVE, LLC, D/B/A COCONUT CREEK SUBARU
Judges: CATHY M. SELLERS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Nov. 08, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 26, 2012.

Latest Update: Apr. 30, 2012
11005724AFO

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 11-5724 MS CASE NO.11-993

FINAL ORDER#: HSMV-12- 3"1 -S-MS


POMPANO AUTOMOTIVE ASSOCIATES, LLC,


Petitioner,


vs.


SUBARU OF AMERICA, INC., AND COCONUT CREEK AUTOMOTIVE, LLC d/b/a COCONUT CREEK SUBARU,


Respondent.

/


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Cathy M. Sellers, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Notice of Voluntary Dismissal with Prejudice, 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.

Accordingly, it is hereby


ORDERED and ADJUDGED that Respondent, Coconut Creek Automotive, LLC d/b/a Coconut Creek Subaru, be granted a license to sell motor vehicles manufactured by Subaru of America, Inc. (SUBA) at 4980 North State Road 7, Coconut Creek, (Broward County), Florida 33073, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules.


Filed April 30, 2012 9:03 AM Division of Administrative Hearings

DONE AND ORDERED this day of April, 2012, in Tallahassee, Leon County, Florida.


Julie Baker, Chief

Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A338 Tallahassee, Florida 32399


Filed with the Clerk of the Division of Motorist Services this 3 0'/:h day of April, 2012.


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 cow-t of appeal of this state in an appellate district where a party resides. In orde r to ini tiate 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 wit h the court within thi1iy days of the filing date of this order as set out above, pursuant to Rule s of Appellate Procedure.

JB/jc


Copies furnished:


J. Gregory Humphries , Esquire Shutts and Bowen, LLP

300 South Orange Avenue, Suite 1000

Orlando, Florida 32801

Ed Appleby

Coconut Creek Automotive, LLC 4980 North State Road 7 Coconut Creek, Florida 33073


J. Andrew Bertron, Esquire Nelson, Mullins, Riley,

And Scarborough, LLP Suite 202

3600 Maclay Boulevard South Tallahassee, Florida 32312


Eric Scott Adams, Esquire Shutts and Bowen, LLP Suite 300

4301 West Boy Scout Boulevard Tampa, Florida 33607


Cathy M. Sellers Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399


Nalini Vinayak

Dealer License Administrator


Docket for Case No: 11-005724
Issue Date Proceedings
Apr. 30, 2012 (Agency) Final Order filed.
Apr. 26, 2012 Order Closing File. CASE CLOSED.
Apr. 26, 2012 Notice of Voluntary Dismissal with Prejudice filed.
Apr. 25, 2012 Notice of Appearance (Eric Adams) filed.
Dec. 30, 2011 Order Establishing Schedule for Expert Discovery.
Dec. 29, 2011 Joint Motion to Establish Schedule for Expert Discovery filed.
Nov. 22, 2011 Respondent Subaru of America, Inc.'s Notice of Serving Discovery filed.
Nov. 18, 2011 Order of Pre-hearing Instructions.
Nov. 18, 2011 Notice of Hearing (hearing set for June 4 through 8 and 11 through 15, 2012; 9:00 a.m.; Tallahassee, FL).
Nov. 17, 2011 Response to Initial Order filed.
Nov. 17, 2011 Notice of Appearance (J. Bertron) filed.
Nov. 16, 2011 Order Granting Extension of Time.
Nov. 15, 2011 Motion for Extension of Time to Respond to Initial Order filed.
Nov. 15, 2011 Notice of Appearance (Virginia Gulde) filed.
Nov. 08, 2011 Initial Order.
Nov. 08, 2011 Agency Referral filed.
Nov. 08, 2011 Petition or Complaint Protesting Establishment of Dealership filed.
Nov. 08, 2011 Agency action letter filed.

Orders for Case No: 11-005724
Issue Date Document Summary
Apr. 30, 2012 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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