Petitioner: CLASSIC MOTORCYCLES AND SIDECARS, INC., AND SCOOTER CITY USA, LLC
Respondent: ACTION ORLANDO MOTORSPORTS
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: Jan. 09, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 16, 2009.
Latest Update: Jun. 30, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.
“OP oy
DOAH CASE NO.: 09-0118
DMV CASE NO. 09-0770
FINAL ORDER #: HSMV-09-_495_-S-DMV
CLASSIC MOTORCYCLES AND
SIDECARS, INC., AND SCOOTER
CITY USA, LLC,
Petitioners,
vs.
ACTION ORLANDO MOTORSPORTS,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing File by Daniel Manry, Administrative Law Judge of the Division of
Administrative Hearings, pursuant to Respondent’s request for withdrawal, 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.
Accordingly, it is hereby
ORDERED and ADJUDGED that Petitioner, Scooter City USA, LLC, be granted a
license as a dealer for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle
Co. Ltd (ZHNG) at 2650 West Fairbanks Avenue, Winter Park (Orange County), Florida 32789
upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all
applicable Department rules.
DONE AND ORDERED this % ay of June, 2009, in Tallahassee, Leon County, Florida.
'ARL A. FORD, Direct
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division of Motor Vehicles
this £4 “ay of June, 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 Procédure.
CAD/vlg
Copies furnished:
James Sursely
Action Orlando Motorsports
306 West Main Street
Apopka, Florida 32712
Maureen McCarthy Daughton, Esquire
Broad and Cassel
215 South Monroe Street, Suite 400
Post Office Drawer 11300
Tallahassee, Florida 32301
Thomas Lynott
Classic Motorcycles and Sidecars, Inc.
Post Office Box 969
Preston, Washington 98050
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
2900 Apalachee Parkway, Room A432
Tallahassee, Florida 32399
Daniel Manry
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 EE,
DIVISION OF ADMINISTRATIVE HEARINGS io Us
Ga [es
Pe)
CLASSIC MOTORCYCLES AND __ Ulu We 9
SIDECARS, INC., AND SCOOTER “hy, lois ne
CITY USA, LLC, MEM Rar
Petitioner, “AYA 165 (VE
VS. Case Nos. 09-0118
09-0119
JAMES SURSELY, d/b/a ACTION ORLANDO
MOTORSPORTS,
Respondent.
NOTICE OF WITHDRAWAL
I, James Sursely d/b/a Action Orlando Motorsports, would like to officially
withdraw my protest against Classic Motorcycles and Sidecars Inc., and Scooter City
USA, LLC, located at 2650 West Fairbanks Avenue, Winter Park, Florida 32789 to
carry the (ZHNG) Taizhou Zhongneng Motorcycle Co. Ltd.
I still however, am continuing my protest against Classic Motorcycles and
Sidecars, Inc., and Scooter City USA, LLC. to carry the (ZHNG) Taizhou
Zhongneng Motorcycle Co. Ltd. line make at the following address 2164 Platinum
road, unit K, Apopka, Florida 32703. :
Respectfully submitted this 117" day of May, 2009,
306 W. Main St.
Apopka, Florida 32712
(407) 889-7300
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Unilateral Response to Initial Order
has been furnished via Fax (850) 921-6847and U.S mail to:
Honorable DANIEL MANRY, Administrative Law Judge, Division of
Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway,
Tallahassee, Florida 32399-3060
Michael James Alderman, Esquire, Department of Highway Safety and Motor
Vehicles, Neil Kirkman Building, room A~432, 2900 Apalachee Parkway,
Tallahassee, Florida 32344
Maureen McCarthy Daughton, Esquire, Broad and Cassel, 215 South Monroe
Street, Suite 400, Post Office Drawer 11300, Tallahassee, Florida 32301
Randy Lazarus, Scooter City USA, LLC., 2650 W Fairbanks Avenue, Winter
Park Florida 32789
Thomas Lynott, Classic Motorcycles and Sidecars, Inc., Post Office Box 969
Preston, Washington 98050
Docket for Case No: 09-000118
Issue Date |
Proceedings |
Jun. 30, 2009 |
Final Order filed.
|
Jun. 19, 2009 |
(Petitioner's) Notice of Withdrawal filed.
|
Jun. 16, 2009 |
Order Severing Cases and Closing File. CASE CLOSED.
|
Jun. 15, 2009 |
(Respondent's) Notice of Withdrawal filed.
|
Mar. 13, 2009 |
Response to Request for Production filed.
|
Mar. 11, 2009 |
Petitioner, Scooter City USA, LLC`s First Interrogatories to Respondent Action Orlando Motorsports filed.
|
Mar. 11, 2009 |
Response to Request for Production filed.
|
Feb. 11, 2009 |
Petitioner`s First Request for Production to Respondent Action Orlando Motorsports filed.
|
Feb. 11, 2009 |
Notice of Service of Petitioner, Scooter City USA, LLC`s First Interrogatories to Respondent Action Orlando Motorsports filed.
|
Jan. 29, 2009 |
Order of Pre-hearing Instructions.
|
Jan. 29, 2009 |
Notice of Hearing (hearing set for June 23, 2009; 9:30 a.m.; Orlando, FL).
|
Jan. 29, 2009 |
Notice of Appearance (of M. Daughton) filed.
|
Jan. 29, 2009 |
Order of Consolidation (DOAH Case Nos. 09-0118 and 09-0119).
|
Jan. 12, 2009 |
Initial Order.
|
Jan. 09, 2009 |
Notice of Publication for a New Point Francise Motor Vehicle Dealer filed.
|
Jan. 09, 2009 |
Protest of Intent to Established New Dealership filed.
|
Jan. 09, 2009 |
Agency referral filed.
|
Orders for Case No: 09-000118