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LCA ACQUISITION CORPORATION, D/B/A SOUTH MOTORS INFINITI vs NISSAN NORTH AMERICA, INC.; AND M10 MOTORS, INC., D/B/A INFINITI OF CORAL GABLES, 14-002069 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002069 Visitors: 23
Petitioner: LCA ACQUISITION CORPORATION, D/B/A SOUTH MOTORS INFINITI
Respondent: NISSAN NORTH AMERICA, INC.; AND M10 MOTORS, INC., D/B/A INFINITI OF CORAL GABLES
Judges: CATHY M. SELLERS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: May 06, 2014
Status: Closed
Recommended Order on Friday, July 17, 2015.

Latest Update: Jan. 13, 2016
Summary: The issue in this case is whether the existing franchised Infiniti dealers who register new motor vehicle retail sales or leases are not providing adequate representation of the Infiniti line-make in the community or territory in which Respondent Nissan North American, Inc. ("Infiniti"), intends to establish Respondent M10 Motors, Inc., d/b/a Infiniti of Coral Gables, Inc. ("M10"), as a dealer for the sale and service of Infiniti vehicles, such that the license granting approval to establish M10
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DONE AND ORDERED th i s _ } __ day of October , 2015 , in Tallahassee, Leo n County, F l or id a. Bureau ofDealer Services Division of M o tori st Services D e p art m e nt of High way Safety and Motor Vehicles Ne il Kirkman Building , R oom B372 Ta ll ahassee, F lorid a 32399 Fi l e d with the C l erk of the Division of Motorist Serv i ces thi s day of October , 20 15 . NOTICE OF APPEAL RIGHTS Judicial review of this order may be h ad pursuant to sect ion 1 20.68, F l ori d a Statutes, in the Distri ct Co urt of Appeal for th e First Di str i ct, State of Florida , or in a n y other district court of appeal of thi s s t ate in an ap p e ll ate di s tri ct w h ere a party resides. In order to initiate s u c h review, o n e copy of th e notice of appea l must be filed w ith h e Department a nd the o th er copy of the notice of appea l , together with the fi lin g fee, mu st be fil e d wi th the court wi thin thirty days of the filing date of this order as set out above , pursuant to Rules of A pp e llat e Proced ur e. Copies fu rni s h ed : J ohn W. Forehand, Es quir e South Motors Automotive G r oup 16165 South Dixie Highw ay Miami , F l orida 33 157 Sarah B. Kirkbride Nissan Nort h A m e rica, Inc . , Infiniti Division One N i ssa n Way Franklin , Tennessee 3 7067 Bernardo F. Moreno M 1 0 Motors , Inc. 28450 Lorain Road Nort h Nort h Olmstead , Ohio 44070 1 Petitioner , LCA Acq ui sit i o n Co rporation , d/b / a So uth Motor s Infiniti , filed exce ption s to the R eco mmend e d Order . These except i o n s are rul ed on in t h e Appendix to thi s O rd er . Richard N. Sox, Esquire Bass Sox Mercer, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 J. Andrew Bertron, Esquire Nelson, Mullins, Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Christopher C. Genovese, Esquire Nelson, Mullins, Riley & Scarborough, LLP 1320 Main Street, 17th Floor Post Office Box 11 070 Columbia, South Carolina 29211 Steven B. McFarland, Esquire Nelson, Mullins, Riley & Scarborough, LLP 1320 Main Street, 17th Floor Post Office Box 11 070 Columbia, South Carolina 29211 S. Keith Hutto, Esquire Nelson, Mullins, Riley & Scarborough, LLP 1320 Main Street, 17th Floor Post Office Box 11070 Columbia, South Carolina 29211 Christopher M. De Vito, Esquire Morganstern, MacAdams and De Vito Company, L.P .A. 623 West Saint Clair Avenue Cleveland, Ohio 44113 The Honorable Cathy M. Sellers Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Nalini Vinayak Dealer License Administrator

Docket for Case No: 14-002069
Issue Date Proceedings
Jan. 13, 2016 Appendix to Petitioner's Exceptions to Recommended Order (filed in Case No. 14-002070).
Jan. 13, 2016 Appendix to Petitioner's Exceptions to Recommended Order filed.
Nov. 03, 2015 (Agency) Amended Final Order (filed in Case No. 14-002070).
Nov. 03, 2015 (Agency) Amended Final Order filed.
Oct. 21, 2015 Respondents Response to Exceptions to Recommended Order (filed in Case No. 14-002070).
Oct. 21, 2015 Respondents Response to Exceptions to Recommended Order filed.
Oct. 21, 2015 Exceptions to Recommended Order (filed in Case No. 14-002070).
Oct. 21, 2015 Exceptions to Recommended Order filed.
Oct. 21, 2015 (Agency) Amended Final Order filed.
Oct. 19, 2015 Appendix to Final Order Ruling on Exceptions to Recommended Order filed.
Oct. 19, 2015 Agency Final Order filed.
Jul. 29, 2015 Transmittal letter from Claudia Llado forwarding Respondent's Exhibits, which were neither proffered nor admitted into evidence.
Jul. 17, 2015 Recommended Order (hearing held November 17 through 20, 24, 25, and December 1 and 2, 2014). CASE CLOSED.
Jul. 17, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 13, 2015 Notice of Consent to Entry of Respondent, Nissan North America, Inc.'s Proposed Recommended Order filed.
Feb. 13, 2015 Respondent Nissan North America, Inc.'s Proposed Recommended Order filed.
Feb. 13, 2015 Petitioner's Appendix to Post-hearing Brief and Proposed Recommended Order filed.
Feb. 13, 2015 (Petitioner's) Post-hearing Brief and Proposed Recommended Order filed.
Jan. 15, 2015 Order Granting Extension of Time.
Jan. 15, 2015 Joint Motion for Extension of Time and Expansion of Page Limitations filed.
Jan. 15, 2015 Joint Motion for Extension of Time and Expansion of Page Limitations (filed in Case No. 14-002070).
Jan. 14, 2015 Notice of Filing Transcript.
Jan. 12, 2015 Transcript of Proceedings Volumes I-XIII (not available for viewing) filed.
Nov. 17, 2014 CASE STATUS: Hearing Held.
Nov. 07, 2014 (Joint) Pre-hearing Stipulation filed.
Nov. 03, 2014 Notice of Telephonic Status Conference (status conference set for November 3, 2014; 3:30 p.m.).
Oct. 23, 2014 Order Granting Motion to Compel Subject to Conditions.
Oct. 20, 2014 Respondent M10 Motors, Inc., d/b/a Infiniti of Coral Gables' Notice of Serving Discovery Responses to Petitioner filed.
Oct. 20, 2014 Nissan North America, Inc.'s Response in Opposition to Petitioner's Motion to Compel filed.
Oct. 13, 2014 Petitioner's Motion to Compel filed.
Sep. 30, 2014 Order Accepting Qualified Representative.
Sep. 29, 2014 Petitioner's Motion for Representation by Qualified Representative filed.
Sep. 03, 2014 Order Denying Motion to Compel.
Aug. 25, 2014 CASE STATUS: Motion Hearing Held.
Aug. 20, 2014 Notice of Telephonic Motion Hearing (motion hearing set for August 25, 2014; 3:00 p.m.).
Aug. 19, 2014 Order Granting Reconsideration of Order Granting Motion to Compel.
Aug. 18, 2014 (Respondent's) Motion to Reconsider and for Leave to File a Response in Opposition to Petitioner's Motion to Compel filed.
Aug. 18, 2014 Order Granting Motion to Compel.
Aug. 08, 2014 Petitioner's Motion to Compel filed.
Jul. 15, 2014 Notice of Taking Deposition Duces Tecum (of Records Custodian for Warren Henry Infiniti, LLC) filed.
Jul. 15, 2014 Notice of Taking Deposition (of Representative for Warren Henry Infiniti, LLC) filed.
Jun. 30, 2014 (Petitioner's) Notice of Serving Discovery Responses filed.
Jun. 24, 2014 Respondent M10 Motors, Inc., d/b/a Infiniti of Coral Gables' Notice of Serving Discovery Responses to Petitioner filed.
Jun. 18, 2014 Protective Order.
Jun. 18, 2014 Order Establishing Expert Discovery Schedule.
Jun. 17, 2014 Joint Motion for Protective Order filed.
Jun. 17, 2014 Joint Motion to Establish Expert Discovery Schedule filed.
May 22, 2014 (Petitioner's) Notice of Serving Discovery filed.
May 20, 2014 Order Accepting Qualified Representative.
May 20, 2014 Respondent NNA's Request for Representation by Qualified Representative-Steven B. McFarland, Esq. filed.
May 16, 2014 Order Accepting Qualified Representative (Christopher C. Genovese, Esq.).
May 16, 2014 Order Accepting Qualified Representative (S. Keith Hutto, Esq.).
May 15, 2014 Respondent NNA's Request for Representation by Qualified Representative - Christopher C. Genovese, Esq. filed.
May 15, 2014 Respondent NNA's Request for Representation by Qualified Representative - S. Keith Hutto, Esq. filed.
May 14, 2014 Order of Pre-hearing Instructions.
May 14, 2014 Notice of Hearing (hearing set for November 17 through 20, 24, 25 and December 1 through 3, 2014; 9:00 a.m.; Tallahassee, FL).
May 14, 2014 Order of Consolidation (DOAH Case Nos. 14-2069 and 14-2070).
May 14, 2014 Joint Response to Initial Order filed.
May 14, 2014 Notice of Appearance (J. Bertron) filed.
May 08, 2014 Notice of Appearance (Richard N. Sox and Nicolas A. Bader) filed.
May 08, 2014 Notice of Appearance (Richard Sox) filed.
May 07, 2014 Initial Order.
May 06, 2014 Notice of Publication for a New Point Franchise Motor Vehicle Dealer in a County of More than 300,000 Population filed.
May 06, 2014 Petition or Complaint Protesting Establishment of Additional Dealership filed.
May 06, 2014 Agency referral letter filed.

Orders for Case No: 14-002069
Issue Date Document Summary
Oct. 21, 2015 Agency Final Order
Oct. 21, 2015 Agency Final Order
Oct. 15, 2015 Agency Final Order
Oct. 15, 2015 Agency Final Order
Oct. 15, 2015 Agency Final Order
Oct. 15, 2015 Agency Final Order
Jul. 17, 2015 Recommended Order Respondent demonstrated by a preponderance of the evidence that existing Infiniti dealers are not adequately representing the Infiniti line-make in the Miami-Dade Comm/Terr. Recommend approval of the application to establish M10 Motors.
 

Source:  Florida - Division of Administrative Hearings

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