18-003600
Wkdr, Inc., D/B/A Ocala Subaru vs.
Subaru Of America, Inc.
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 29, 2018.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 29, 2018.
1STATE OF FLORIDA
4DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
11WKDR, INC. d/b/a OCALA SUBARU,
16Petitioner,
17vs. HSMV Case No. MS-18-834
22SUBARU OF AMERICA, INC., DOAH Case No. 18-3600
30Respondents. FINAL OROER NO . :
36H S MV-19-0061- Fô.C- M S
42FINALORDER DEPARTMENT OF H!GHWAY SAFETY AND MOTOR VEH!CLES
50This matter cornes before the Department ofHighway Safety and Motor Vehicles upon the
63Respondent's Withdrawal of Notice of Termination and Motion to Dismiss as Moot filed
76January 3, 2019. The original petition in this matterwas filed June 29, 2018, byWKDR, Inc. d/b/a
92Ocala Subaru, protesting the proposed termination by Subaru of America, Inc., of the franchise
106agreement between the parties. In its unopposed motion, the Respondent gives notice of its
120withdrawal of the proposed termination of the franchise agreement, which was the sole issue at
135dispute in the petition. There being no further issues before the Department, the case is now moot.
152Upon review of the motion and the record in the above-styled case and being fully advised
168in the premises, it is ORDERED that the motion is GRANTED, the petition is dismissed as moot,
185and the case is CLOSED.
190DONE AND ORDERED this l day of January, 2019.
199Robert Kynoch, Direct r ofMotorist Services
205Department ofHighway Safety and Motor Vehicles
2112900 Apalachee Parkway
214Tallahassee, Florida 32399
217Page 1 of2
220WKDR, INC. d/b/a OCALA SUBARU v. SUBARU OF AMERICA, INC.
230HSMV Case No. MS-18-834
234DOAH Case No. 18-3600
238COPIES FURNISHED this pin day of January, 2019, to:
247Jason T . Allen, Esquire J. Andrew Bertron, Esquire
256Bass, Sox & Mercer, P .A. Nelson, Mullins, Riley & Scarborough, LLP
2682822 Remington Green Circle 3600 Maclay Boulevard South, Suite 202
278Tallahassee, Florida 32308 Tallahassee, Florida 32312
284j allen ({t, dealerlaw y er.com and y .bertron (a nelsonmullins.com
295elee ({t dealerlaw \\ er.com susan.orach {tt nelsonmullins.com
303Micah A. Andrews, Esquire James Pagano, Esquire
310Bass Sox & Mercer Nelson, Mullins, Riley & Scarborough, LLP
3202822 Remington Green Circle 3600 Maclay Boulevard South, Suite 202
330Tallahassee, Florida 32308 Tallahassee, Florida 32312
336mandrews (d. dealerlaw \\' er.com j ames .p a g ano Clt ' nelsonmullins . com
352s usan.orach (a nelsonmullins.com
356Michael Hafertepe
358Subaru of America, Inc.
3623 Executive Campus Street, Suite 170
368Cherry Hill, New Jersey 08002
373NOTICE OF APPEAL RIGHTS
377A party adversely affected by this final order may seek judicial review as provided in
392section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9 .190. Judicial review
406is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,
426accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal
442must conform to the requirements ofFlorida Rule of Appellate Procedure 9 . 110(d) and must be
458filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.
474Filing with the Department's Agency Clerk may be accomplished by U.S. mail, express
487overnight delivery, hand delivery, facsimile transmission , or electronic mail. The address for
499overnight delivery or hand delivery is Joseph Gillespie , DHSMV Agency Clerk, Department of
512Highway Safety and Motor Vehicles , 2900 Apalachee Parkway, A-432 , MS-2 , Tallahassee ,
523Florida 32399 . The facsimile number is (850) 617-5112. The email address is
536OGCFilin g({t flhsmv. g, ov.
541Page 2 of2
544WKDR , INC . d/b / a OCALA SUBARU v . SUBARU OF AM E RIC A, INC.
561H SMV Case No. MS-1 8 - 83 4
570DOAH Cas e N o . 18- 36 00
- Date
- Proceedings
- PDF:
- Date: 08/10/2018
- Proceedings: Notice of Hearing (hearing set for October 15 through 19, 2018; 9:30 a.m.; Tallahassee, FL).
- Date: 07/23/2018
- Proceedings: CASE STATUS: Status Conference Held.
Case Information
- Judge:
- E. GARY EARLY
- Date Filed:
- 07/12/2018
- Date Assignment:
- 07/13/2018
- Last Docket Entry:
- 01/15/2019
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Jason T. Allen, Esquire
Address of Record -
Micah A. Andrews, Esquire
Address of Record -
J. Andrew Bertron, Esquire
Address of Record -
Joseph R. Gillespie, Agency Clerk
Address of Record -
Michael Hafertepe
Address of Record -
James Pagano, Esquire
Address of Record