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GMVT MOTORS, LLC, D/B/A DAVID MAUS CHEVROLET vs GENERAL MOTORS, LLC AND STARLING CHEVROLET-CADILLAC, LLC, 15-004413 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-004413 Visitors: 4
Petitioner: GMVT MOTORS, LLC, D/B/A DAVID MAUS CHEVROLET
Respondent: GENERAL MOTORS, LLC AND STARLING CHEVROLET-CADILLAC, LLC
Judges: G. W. CHISENHALL
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Aug. 07, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 2, 2015.

Latest Update: Oct. 19, 2015
15004413_282_10192015_08254338_e

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 15-4413, 15-4427

DMS CASE NO .: 15-1279, 15-1280 FINAL ORDER #: HSMV-15 - !P,g;;). -S-MS


GMVT MOTORS, LLC, d/b/a DAVID MAUS CHEVROLET,


Petitioner,


vs.


GENERAL MOTORS, LLC AND STARLING CHEVROLET-CADILLAC, LLC,


Respondents . _ /

SAi ORLANDO CS, LLC


Petitioner,


vs.


GENERAL MOTORS, LLC AND STARLING CHEVROLET-CADILLAC, LLC,


Respondents.

- - - - - - - - - - - - - - - - I


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by the Honorable G.W. Chisenhall, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent's Motion to Dismiss for Mootness Based Upon Withdrawal of Relocation Request, a copy of which is attached and incorporated by reference in this order. The Depaitment hereby adopts the Order Closing File as its Final Order in this ma tter.


Filed October 19, 2015 8:25 AM Division of Administrative Hearings

Accordingly, it is hereby

ORDERED and ADJUDGED that Respondent, Starling Chevrolet-Cadillac, LLC, shall not be permitted to relocate its dealership from 2800 South Highway 17 92, Deland, Florida 32720 to the corner of Graves and Interstate 4, Deltona, Florida 32720.

DONE AND ORDERED this .l!i!!.._ day of October, 2015, in Tallahassee, Leon County, Florida.


Julie W. Gentry, Chief Bureau of Dealer Services

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B372 Tallahassee, Florida 32399


Filed with the Clerk of the Division of Motorist Services

this     day of October, 2015.


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.


Copies furnished:


C. Davis Bauman

Berkshire Hathaway Automotive

1550 East Missouri Avenue, Suite 300

Phoenix, Arizona 85014

Carlos Latour General Motors, LLC

100 GM Renaissance Center Mail Code: 482-A16-C66 Detroit, Michigan 48265


John C. Starling

Starling Chevrolet-Cadillac, LLC 2800 South Highway 17-92

Deland, Florida 32720


Frank H. Killgore, Esquire Killgore, Pearlman, Stamp Ornstein & Squires, P.A.

2 South Orange Avenue, 5th Floor Orlando, Florida 32802


Mark L. Ornstein, Esquire Killgore, Pearlman, Stamp Ornstein & Squires, P.A. Post Office Box 1913 Orlando, Florida 32802


Steven I. Klein, Esquire Rumberger, Kirk & Caldwell 300 South Orange Avenue Orlando, Florida 32801


The Honorable G.W. Chisenhall 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: 15-004413
Issue Date Proceedings
Oct. 19, 2015 Agency Final Order filed.
Sep. 02, 2015 Order Closing Files. CASE CLOSED.
Sep. 01, 2015 Respondent General Motors LLC's Motion to Dismiss for Mootness Based upon Withdrawal of Relocation Request filed.
Sep. 01, 2015 Respondent General Motors LLC's Motion to Dismiss for Mootness Based upon Withdrawal of Relocation Request filed.
Aug. 26, 2015 Order of Pre-hearing Instructions.
Aug. 26, 2015 Notice of Hearing (hearing set for March 21 through 25 and 28 through 31, 2016; 9:30 a.m.; Tallahassee, FL).
Aug. 25, 2015 GMVT Motors, LLC Sai Orlando CS, LLC and General Motors LLC's Joiont Response to Initial Order filed.
Aug. 18, 2015 Order Granting Motions for Extension of Time for Responding to Initial Orders.
Aug. 18, 2015 Order of Consolidation (DOAH Case Nos. 15-4413 and 15-4427).
Aug. 14, 2015 Respondent General Motors LLC's Motion for Extension of Time to File Response to the Division's Initial Order filed.
Aug. 14, 2015 Notice of Appearance (Steven Klein) filed.
Aug. 14, 2015 Petitioner's Response to Initial Order and Request for Extension filed.
Aug. 07, 2015 Notice of Appearance (Mark Ornstein) filed.
Aug. 07, 2015 Notice of Appearance (Frank Killgore) filed.
Aug. 07, 2015 Initial Order.
Aug. 07, 2015 Agency action letter filed.
Aug. 07, 2015 Request for Administrative Hearing filed.
Aug. 07, 2015 Agency referral filed.

Orders for Case No: 15-004413
Issue Date Document Summary
Oct. 16, 2015 Agency Final Order
Oct. 16, 2015 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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