STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 13-0338, 13-4967, and 14-0157

Cf37

DMS CASE NO.: 13-095, 14-093, and 14-146 FINAL ORDER#: HSMV-15- -FOF-MS

THE COLLECTION, LLC, d/b/a THE COLLECTION,

Petitioner,

vs.

JAGUAR LAND ROVER NORTH AMERICA, LLC, AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondents.

                                                                                  I

THE COLLECTION, LLC

Petitioner,

vs.

WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondent.

                                                                                  I THE COLLECTION, LLC, d/b/a THE COLLECTION,

Petitioner,

vs.

JAGUAR LAND ROVER NORTH AMERICA, LLC AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondents.

-----------------'

AMENDED FINAL ORDER

This matter caine before the Department for entry of a Final Order upon submission of a Recommended Order by the Honorable Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order1• The Department hereby adopts the Recommended Order as its Final Order in this matter. Accordingly, it is

ORDERED and ADJUDGED that Petitioner's, The Collection, LLC d/b/a The Collection, protest to the proposed relocation of Warren Henry Jaguar to the east side of Biscayne Boulevard, about 306.45 feet south of Northeast l 51st Street in North Miami is

DISMISSED. Respondent, Warren Henry Jaguar, LLC, is pennitted to relocate its dealership to

the east side of Biscayne Boulevard, about 306.45 feet south of Northeast 151st Street in North Miami, Florida, upon compliance with all applicable requirements of Section 320.27, Florida

Statutes, and all applicable Department rules. y

DONE AND ORDERED this day of August, 2015, in Tallahassee, Leon

County, Florida.

aker, Chief

au 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 --f-..&J!:::day of August, 2015.

1 Petitioners, The Collection, LLC d/b/a The Collection, filed exceptions to the Recommended Order. These exceptions are ruled on in the Appendix to this Order.

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 he Deparbnent 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.

Copies furnished to:

Richard N. Sox, Esquire Bass Sox Mercer, P.A.

2822 Remington Green Circle Tallahassee, Florida 32308

J. Martin Hayes, Esquire Akerman Senterfitt

106 East College Avenue, Suite 1200

Tallahassee, Florida 32301

Stephanie Leigh Cannan, Esquire Hogan Lovells US LLP

600 Brickell Avenue, Suite 2700

Miami, Florida 33131

John J. Sullivan, Esquire Hogan Lovells US LLP 875 3rd Avenue

NewYork,NewYork 10022

Bmett Rachel Charapp, Esquire

Charapp & Weiss, LLP

20801 Biscayne Boulevard, Suite 403

Aventura, Florida 33180

Michael G. Charapp, Esquire Charapp & Weiss, LLP

8180 Greensboro Drive, Suite 1000

McLean, Virginia 22102

Brad D. Weiss, Esquire Charapp & Weiss, LLP

8180 Greensboro Drive, Suite 1000

McLean, Virginia 22102

Ryan L. Ford, Esquire Hogan Lovells US LLP 555 13th Street Northwest Washington, DC 20004

·Kimberly S. Maccumbee, Esquire Charapp & Weiss, LLP

8180 Greensboro Drive, Suite 1000

McLean Virginia 22102

Nalini Vinayak

Dealer License Administrator

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 13-0338, 13-4967, and 14-0157

DMS CASE NO.: 13-095, 14-093, and 14-146 FINAL ORDER#: HSMV-15- q37 -FOF-MS

THE COLLECTION, LLC, d/b/a THE COLLECTION,

Petitioner,

vs.

JAGUAR LAND ROVER NORTH AMERICA, LLC, AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondents.

                                                                               I

THE COLLECTION, LLC

Petitioner,

vs.

WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondent.

                                                                                   I THE COLLECTION, LLC d/b/a THE COLLECTION,

Petitioner,

vs.

JAGUAR LAND ROVER NORTH AMERICA, LLC AND WARREN HENRY JAGUAR, LLC, d/b/a WARREN HENRY JAGUAR,

Respondents.

                                                                                   I

APPENDIX TO FINAL ORDER

RULING ON EXCEPTIONS TO RECOMMENDED ORDER

1. Rejected. Findings of Fact are based on competent substantial evidence.

   
   

2. Rejected. Findings of Fact are based on competent substantial evidence.

   
   

3. Rejected. Findings of Fact are based on competent substantial evidence.

   
   

4. Rejected. Findings of Fact are based on competent substantial evidence.

S. Rejected. Findings of Fact are based on competent substantial evidence.

1. Rejected. Findings of Fact are based on competent substantial evidence.

   
   

2. Rejected. Findings of act are based on competent substantial evidence.

2

Docket for Case No: 13-000338

Orders for Case No: 13-000338