11-005282
Volusia Motorsports, Inc. vs.
Polaris Sales, Inc., And Daytona Beach Cycles, Llc
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 1, 2012.
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 1, 2012.
1STATE OF FLORIDA
4DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
11DOAH CASE NO.: 11-5282
15MS CASE NO. 11-968
19FINAL ORDER #: HSMV-12-:I1±..--S-MS
23VOLUSIA MOTORSPORTS, INC.,
26Petitioners,
27vs.
28POLARIS SALES, INC. AND DAYTONA
33BEACH CYCLES, LLC D/B/A INDIAN
38MOTORCYCLE OF DAYTONA,
41Respondent.
42-----------------_/
43FINAL ORDER
45This matter came before the Department for entry of a Final Order upon submission of an
61Order Closing File and Relinquishing Jurisdiction by E. Gary Early, Administrative Law Judge
74of the Division of Administrative Hearings. The Department hereby adopts the Order Closing
87File and Relinquishing Jurisdiction as its Final Order in this matter.
98Accordingly, it is hereby
102ORDERED and ADJUDGED that Petitioner, Daytona Beach Cycles, LLC d/b/a Indian
113Motorcycle of Daytona, be granted a license to sell motorcycles manufactured by Victory (VICO)
127at 420 North Beach Street, Daytona Beach (Volusia County), Florida 32114, upon compliance
140with all applicable requirements of Section 320.27, Florida Statutes, and all applicable
152Department rules.
154Filed March 8, 2012 9:15 AM Division of Administrative Hearings
164DONE AND ORDERED this day of March, 2012, in Tallahassee, Leon County,
176Florida.
177Chief
178Bureau of Issuance Oversight
182Division of Motorist Services
186Department of Highway Safety
190and Motor Vehicles
193Neil Kirkman Building
196Tallahassee, Florida 32399
199NOTICE OF APPEAL RIGHTS
203Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in
218the District Court of Appeal for the First District, State of Florida, or in any other district court of
237appeal of this state in an appellate district where a party resides. In order to initiate such review,
255one copy of the notice of appeal must be filed with the Department and the other copy of the
274notice of appeal, together with the filing fee, must be filed with the court within thirty days of the
293filing date of this order as set out above, pursuant to Rules of Appellate Procedure.
308JB/jc
309Copies fumished:
311Andrew Pallemaerts
313Volusia Motorsports, Inc.
3161701 State Road 44
320New Smyma Beach, Florida 32168
325Jonathan Brennen Butler, Esquire
329Akerman Senterfitt
331222 Lakeview Avenue, Suite 400
336West Palm Beach, Florida 33401
341E. Gary Early
344Administrative Law Judge
347Division of Administrative Hearings
351The DeSoto Building
3541230 Apalachee Parkway
357Tallahassee, Florida 32399-1550
360Nalini Vinayak
362Dealer License Administrator
- Date
- Proceedings
- Date: 02/28/2012
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 02/27/2012
- Proceedings: Respondent's Motion to Dismiss and to Relinquish Jurisdiction filed.
- PDF:
- Date: 02/07/2012
- Proceedings: Respondents' Request for Reconsideration, or in the Alternative Clarification, of DOAH's Order to Show Cause filed.
- PDF:
- Date: 02/07/2012
- Proceedings: Statements in Answer to the Respondents' motion to dismiss and relinquish jurisdiction filed.
- PDF:
- Date: 01/30/2012
- Proceedings: Statements in Answer to the Respondents' Motion to Dismiss and Relinquish Jurisdiction (additional documents) filed.
- PDF:
- Date: 01/27/2012
- Proceedings: Statements in Answer to the Respondents' motion to dismiss and relinquish jurisdiction filed.
- PDF:
- Date: 01/26/2012
- Proceedings: Respondents' Reply to Petitioner's Response to Motion to Dismiss and to Relinquish Jurisdiction filed.
- PDF:
- Date: 01/12/2012
- Proceedings: Respondent's Motion to Dismiss and to Relinquish Jurisdiction filed.
- PDF:
- Date: 12/12/2011
- Proceedings: Order Re-scheduling Hearing (hearing set for April 4, 2012; 9:00 a.m.; Daytona Beach, FL).
- PDF:
- Date: 11/29/2011
- Proceedings: Order Granting Continuance (parties to advise status by December 13, 2011).
Case Information
- Judge:
- E. GARY EARLY
- Date Filed:
- 10/13/2011
- Date Assignment:
- 10/13/2011
- Last Docket Entry:
- 03/08/2012
- Location:
- Daytona Beach, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Jonathan Brennen Butler, Esquire
Address of Record -
Jennifer Clark, Agency Clerk
Address of Record -
Andrew Pallemaerts
Address of Record