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 Friday, June 19, 2009.
Latest Update: Jul. 09, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-0119
DMV CASE NO. 09-0770
FINAL ORDER #: HSMV-09-_/°75_-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 Petitioner’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 that this case is CLOSED and that no license will be issued to Classic
Motorcycles and Sidecars, Inc., and Scooter City USA LLC for the sale of motorcycles
manufactured by Taizhou Zhongneng Motorcycle Co. Ltd (ZHNG) at 2164 Platinum Road, Unit
K, Apopka (Orange County), Florida 32703.
DONE AND ORDERED this b day of July, 2009, in Tallahassee, Leon County,
Florida.
RL 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 ¢ any 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
fiting date of this order as set out above, pursuant to Rules of Appellate Procedure.
CAD\lg
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
DIVISION OF ADMINISTRATIVE HEARING
CLASSIC MOTORCYCLES AND
SIDECARS, IN., AND SCOOTER
CITY USA, LLC,
Petitioner,
Case Nos. 09-0118
VS.
09-0119
JAMES SURSELY, d/b/a ACTION ORLANDO
MOTORSPORTS,
Respondent
NOTICE OF WITHDRAWAL
I, Randy Lazarus, of Classic Motorcycles and Sidecars, Inc., and Scooter City USA,
LLC, would like to officially withdraw my application for dealership , for the location
and case located at 2 164 Platinum Road, Unit K, Apopka, F Florida 32703 to carry the
(ZHNG) Taizhou Zhen gneng. Motoreycle- Co. Ltd.
I still however, wish to continue my application to carry the (ZHNG) Taizhous
Zhongneng Motorcycle Co. Ltd. Line make at the location of 2650 W. Fairbanks Ave,
Winter Park, Fl 32789.
Respectfully submitted this 17" day of June, 2009.
RANDY LAZARUS
2650 W. Fairbanks Ave
Winter Park, Fl 32789
- (407)332-8001
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Unilateral Response to Initial Order has
been furnished. via Fax (850)921-6847 and 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 Mc Carthy Daughton, Esquire, Broad and Cassel, 215 South Monroe Street,
Suite 400, Post Office Drawer 11300, Tallahassee, Florida 32301
James Sursely, d/b/a Action Orlando Motorsports, 306 W. Main St., Apopka, FL
32712
Docket for Case No: 09-000119
Issue Date |
Proceedings |
Jul. 09, 2009 |
Final Order filed.
|
Jun. 19, 2009 |
(Petitioner's) Notice of Withdrawal filed.
|
Jun. 19, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 16, 2009 |
Order Severing Cases and Closing File (DOAH Case No. 09-0118 is 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 Establish a New Dealership filed.
|
Jan. 09, 2009 |
Agency referral filed.
|
Orders for Case No: 09-000119