Petitioner: SUNL GROUP, INC., AND ACTION MOTORSPORTS
Respondent: RIDE GREEN, INC.
Judges: DANIEL M. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Fort Myers, Florida
Filed: Nov. 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 23, 2009.
Latest Update: Jul. 10, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE #: 08-5720
DMV CASE #: 09-0941
FINAL ORDER #: HSMV-09- 1091 -S-DMV
SUNL GROUP, INC. AND ACTION
MOTORSPORTS,
Petitioner,
vs.
RIDE GREEN, INC.,
Respondents.
FINAL ORDER
This matter came on for determination by the Department upon submission of an Order
Closing File by Daniel M. Kilbride, an Administrative Law Judge, of the Division of
Administrative Hearings, a copy of which is attached and incorporated by reference in this order.
The Department hereby adopts the Order Closing File as its Final Order in this matter.
ORDERED that this case is CLOSED and no license will be issued to Sunl Group, Inc.
‘and Action Motorsports to sell motorcycles manufactured by Astronautical Bashan Motorcycle
Manufacture Co. Ltd. (BASH) at 11485 South Cleveland Avenue, Suite 1, Fort Myers (Lee
County), Florida 33907.
DONE AND ORDERED this a — day of July, 2009, in Tallahassee, Leon County,
Florida.
'ARL A. FORD, Direct6r
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division otor Vehicles
this ZB day of July, 2009.
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.
CAF/vlg
Copies furnished:
Kyle Lee
Ride Green, Inc.
5686 Youngquist Road #113
Fort Myers, Florida 33912
Mei Zhou
Sunl Group, Inc.
~ 8551 Ester Boulevard
Irving, Texas 75063
Howard Chappell, Esquire
Law Offices of Howard Chappell
1514 Cumberland Court
Fort Myers, Florida 33919
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway Safety
and Motor Vehicles ;
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Daniel M. Kilbride
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Nalini Vinayak
Dealer License Administrator -
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SUNL GROUP, INC., AND ACTION
MOTORSPORTS,
Petitioners,
RIDE GREEN, INC.,
)
)
)
)
)
vs. ) Case No. 08-5720
)
)
)
Respondent. )
)
ORDER CLOSING FILE
This cause came before the undersigned on Petitioner’s
Response to Order to Show Cause. The issue in this matter is
now moot. The undersigned being fully advised, it is,
therefore,
ORDERED that:
1. The final hearing in this cause scheduled for
August 18, 2009, is hereby canceled. .
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed. Jurisdiction is
hereby relinquished to the Department of Highway Safety and
Motor. Vehicles
DONE AND ORDERED this 23rd day of June, 2009, in
Tallahassee, Leon County, Florida.
DANIEL M. KILBRIDE
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 23rd day of June, 2009.
COPIES FURNISHED:
Michael James Alderman, Esquire
Department of Highway Safety and
Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32344
Kyle Lee
Ride Green, Inc.
5686 Youngquist Road 113
Fort Myers, Florida 33912
Mei Zhou
SunL Group, Inc.
8551 Ester Boulevard
Irving, Texas 75063
Howard Chappell, Esquire
Law Offices of Howard Chappell
1514 Cumberland Court
Fort Myers, Florida 33919
66/22/2009. 11:62 2399399793
RIDE GREEN, INC.,
Yun 22 2UUY LL Ub
CHAPPELL LAW OFFICE PAGE 61/81
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SUNL GROUP, INC., AND ACTION )
MOTORSPORTS, )
)
Petitioner, )
)
vs. ) Case No. 08-5720
)
)
}
)
Respondent,
ee
RESPONSE TO ORDER TO SHOW CAUSE
GOMES NOW, HOWARD CHAPPELL, ESQ., and files this Response to Order to Show
Cause and states as foliows:
1. That Petitioner, Action Motorsports, Inc, agrees that the formal hearing scheduled
for July 1, 2009 should be canceled and this case dismissed as moot.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and
correct copy of the foragoing has been furnished by fax to: the
Department of Administrative Hearings 850-921-6847 and by U.S, Mail to: Michael J. Aiderman,
Esquire, Department of Highway $
afety, Neil Kirkman Building, Room A-432, 2900 Apalachee
Parkway, Tallahassee, FL 32344: Kyle Lee, Ride Green, Inc., 5686 Youngquist Road, #113, Fort
Myers, FL 33912 and: Mei Zhou, SUNL GROUP, Inc., 8551 Ester Boulevard, trving TX 75063 this
22. day of [Yue __, 2008,
Law Offices of Howa
1514 Cumberland Ct.
Ft. Myers, FL 33919
Telephone: = (239) 337-9875
Facsimile: (239) 939-9793
FBN: 0543381
Attorney for Action Motorsports, Inc.
Page 1 of 1
Docket for Case No: 08-005720
Issue Date |
Proceedings |
Jul. 10, 2009 |
Final Order filed.
|
Jun. 23, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 22, 2009 |
(Petitioner's) Response to Order to Show Cause filed.
|
Jun. 18, 2009 |
Order to Show Cause.
|
Jun. 16, 2009 |
Order of Revocation filed.
|
May 26, 2009 |
Letter to Judge Kilbride from K. Lee regarding available dates and time for hearing filed.
|
May 22, 2009 |
Order of Pre-hearing Instructions.
|
May 22, 2009 |
Order Re-scheduling Hearing (hearing set for August 18, 2009; 1:30 p.m.; Fort Myers, FL).
|
May 21, 2009 |
Notice of Unavailability and Time Required filed.
|
May 15, 2009 |
Order Granting Continuance (parties to advise status by May 25, 2009).
|
May 12, 2009 |
(Petitioner`s) Motion for Continuance filed.
|
May 12, 2009 |
Notice of Appearance (of H. Chappell) filed.
|
Dec. 02, 2008 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2008 |
Notice of Hearing (hearing set for May 22, 2009; 9:30 a.m.; Fort Myers, FL).
|
Nov. 24, 2008 |
Letter response to the Initial Order filed.
|
Nov. 14, 2008 |
Initial Order.
|
Nov. 14, 2008 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Nov. 14, 2008 |
Protest of Intent to Establish a New Dealership filed.
|
Nov. 14, 2008 |
Agency referral filed.
|
Orders for Case No: 08-005720