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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.

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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

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/08/2012
Proceedings: (Agency) Final Order filed.
PDF:
Date: 03/07/2012
Proceedings: Agency Final Order
PDF:
Date: 03/01/2012
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
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: 02/24/2012
Proceedings: Notice of Telephonic Hearing 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: 01/26/2012
Proceedings: Order to Show Cause.
PDF:
Date: 01/23/2012
Proceedings: Order (enclosing rules regarding qualified representatives).
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: 12/09/2011
Proceedings: Notice of Proposed Final Hearing Dates filed.
PDF:
Date: 11/29/2011
Proceedings: Order Granting Continuance (parties to advise status by December 13, 2011).
PDF:
Date: 11/23/2011
Proceedings: Motion for Continuance of Final Hearing filed.
PDF:
Date: 10/26/2011
Proceedings: Notice of Appearance (Jonathan Butler) filed.
PDF:
Date: 10/25/2011
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 10/25/2011
Proceedings: Notice of Hearing (hearing set for December 19, 2011; 9:00 a.m.; Daytona Beach, FL).
PDF:
Date: 10/13/2011
Proceedings: Initial Order.
PDF:
Date: 10/13/2011
Proceedings: Agency referral filed.
PDF:
Date: 10/13/2011
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 10/13/2011
Proceedings: Agency action letter filed.

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

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):