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CLASSIC MOTORCYCLES AND SIDECARS, INC., AND SCOOTER CITY USA, LLC vs ACTION ORLANDO MOTORSPORTS, 09-000118 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000118 Visitors: 25
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
Issue Date Document Summary
Jun. 26, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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