Elawyers Elawyers
Ohio| Change

DORAL LINCOLN, LLC vs LINCOLN NORTH MIAMI AND FORD MOTOR COMPANY, 20-004305 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004305 Visitors: 17
Petitioner: DORAL LINCOLN, LLC
Respondent: LINCOLN NORTH MIAMI AND FORD MOTOR COMPANY
Judges: ROBERT L. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Sep. 25, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 23, 2020.

Latest Update: Dec. 22, 2024
TempHtml


STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DORAL LINCOLN, LLC,

Petitioner,

vs.

LINCOLN NORTH MIAMI and FORD MOTOR COMPANY,

Respondents.

/


FINAL ORDER


HSMV Case No.: MS-19-1032 DOAH Case No.: 20-4305

FINAL ORDER NO.:

HSMV-20-0457-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Severing Case, Closing File, and Relinquishing Jurisdiction, issued November 23, 2020, by the Honorable Robert L. Kilbride, Administrative Law Judge of the Division of Administrative Hearings, based on Petitioner’s Notice of Withdrawing Protest with prejudice, filed November 20, 2020, copies of which are attached and incorporated by reference in this order.

Petitioner’s protest having been dismissed, and upon review of the record in the above- styled cause and being fully advised in the premises, the Department dismisses the petition. Accordingly, it is ORDERED that HSMV Case No. MS-19-1032 is CLOSED.1

DONE AND ORDERED this 30th day of November , 2020, at Tallahassee, Leon County, Florida.



FILED FLHSMV AGENCY CLERK NOV 30 2020

MS-19-1032


Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399


1 This final order does not affect the matter of Malo Automotive Group, Inc. d/b/a Pines Lincoln

v. Lincoln North Miami and Ford Motor Company, HSMV Case No. MS-19-1031 (DOAH Case No. 20-4304), which, having previously been consolidated, was severed from this case by the Order Severing Case and remains pending at the Division of Administrative Hearings.

Page 1 of 2

DORAL LINCOLN, LLC v. LINCOLN NORTH MIAMI & FORD MOTOR COMPANY HSMV Case No. MS-19-1032

DOAH Case No. 20-4305


Filed November 30, 2020 10:21 AM Division of Administrative Hearings


COPIES FURNISHED this 30th day of November , 2020, to:


Kenneth L. Paretti, Esquire Quinton & Paretti, P.A.

1 Southeast 3rd Avenue, Suite 1405

Miami, Florida 33131-1726 kparetti@quintonparetti.com

A. Edward Quinton III, Esquire Quinton & Paretti, P.A.

1 Southeast 3rd Avenue, Suite 1405

Miami, Florida 33131-1726 equinton@quintonparetti.com

John R. Reid, Esquire McDonald Toole Wiggins, P.A.

111 North Magnolia Avenue, Suite 1200

Orlando, Florida 32801-2370 mcarroll@mtwlegal.com pineslincolnvford@mtwlegal.com

Warren H. Zinn Lincoln North Miami

20895 Northeast 31st Place Aventura, Florida 33180-3608

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312 2900 Apalachee Parkway, MS 65

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov


NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in

§ 120.68, Fla. Stat., and Fla. R. App. P. 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Fla. R. App. P. 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.


Page 2 of 2

DORAL LINCOLN, LLC v. LINCOLN NORTH MIAMI & FORD MOTOR COMPANY HSMV Case No. MS-19-1032

DOAH Case No. 20-4305


Docket for Case No: 20-004305
Issue Date Proceedings
Nov. 30, 2020 Agency Final Order filed.
Nov. 23, 2020 Order Severing Case No. 20-4305, Closing File, and Relinquishing Jurisdiction. CASE CLOSED.
Nov. 20, 2020 Doral Lincoln, LLC's Notice of Withdrawing Protest filed.
Oct. 13, 2020 Order of Pre-hearing Instructions.
Oct. 13, 2020 Notice of Hearing (hearing set for January 25 through 29 and February 1 through 5, 2021; 9:00 a.m., Eastern Time; Tallahassee).
Oct. 02, 2020 Joint Response to Order Reopening and Consolidating Cases filed.
Sep. 25, 2020 Order Reopening and Consolidating Cases (DOAH Case Nos. 20-4304, 20-4305)
Sep. 24, 2020 Respondent, Ford Motor Company's Second Amended Motion to Reopen the Cases filed.
Sep. 11, 2020 Letter Referral of Motion to Reopen Case (filed in Case No. 20-000090). (DOAH CASE NO. 20-4305 ESTABLISHED)
Sep. 11, 2020 Letter Referral of Motion to Reopen Case. (FORMERLY DOAH CASE NO. 20-0089)
Jan. 09, 2020 Agency action letter filed.
Jan. 09, 2020 Petition or Complaint Protesting Establishment of Additional Motor Vehicle Dealership Lincoln North Miami filed.
Jan. 09, 2020 Agency referral filed.

Orders for Case No: 20-004305
Issue Date Document Summary
Nov. 30, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer