Petitioner: GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND SOUTHERN MOTORSPORTS, INC.
Respondent: SUPERIOR ENGINEERING CORP. OF AMERICA, INC., D/B/A MOTOR TOYS
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Naples, Florida
Filed: Feb. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 11, 2009.
Latest Update: Aug. 27, 2009
STATE OF FLORIDA ey
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES .
DOAH CASE #: 09-0623
DMV CASE #: 09-0548 ESS co
FINAL ORDER #: HSMV-09-/27/ -S-DMV wo
GALAXY POWERSPORTS, LLC, d/b/a
JCL INTERNATIONAL, LLC, AND
SOUTHERN MOTORSPORTS, INC.,
Petitioner,
vs.
SUPERIOR ENGINEERING CORP. OF
AMERICA, INC. d/b/a MOTOR TOYS,
Respondents.
FINAL ORDER
This matter came on for determination by the Department upon submission of an Order
Closing File by Carolyn S. Holifield, 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 Galaxy
Powersports, LLC, d/b/a JCL International, LLC, and Southern Motorsports, Inc. to sell
motorcycles manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) at 1991
Tamiami Trail East, US 41, Naples (Collier County), Florida 34112.
DONE AND ORDERED this 27 day of August, 2009, in Tallahassee, Leon County,
Florida.
Carl A. Ford, Director
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
day of August, 2009.
NOTICE OF APPEAL RIGHTS
Nalini Vinayak, Estamgale ee
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:
George D. Burt
Superior Engineering Corp. of America
d/b/a Motor Toys
4520 Tamiami Trail North
Naples, Florida 34103
James Schmidt
Southern Motorsports, Inc.
5219 Maple Lane
Naples, Florida 34113
Leo Su
Galaxy Powersports, LLC
d/b/a JCL International, LLC
2667 Northhaven Road
Dallas, Texas 75229
Michael J. Alderman, Esquire
Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Carolyn S. Holifield
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
Docket for Case No: 09-000623
Issue Date |
Proceedings |
Aug. 27, 2009 |
Final Order filed.
|
Aug. 11, 2009 |
Order Closing File. CASE CLOSED.
|
Aug. 11, 2009 |
Letter to Judge Holifield from G. Burt regarding settlement agreement filed.
|
Aug. 10, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
Aug. 06, 2009 |
Notice of Transfer.
|
Feb. 24, 2009 |
Order of Pre-hearing Instructions.
|
Feb. 24, 2009 |
Notice of Hearing (hearing set for August 14, 2009; 9:30 a.m.; Naples, FL).
|
Feb. 05, 2009 |
Initial Order.
|
Feb. 05, 2009 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Feb. 05, 2009 |
Protest of Intent to Establish a New Point Dealership filed.
|
Feb. 05, 2009 |
Agency referral filed.
|
Orders for Case No: 09-000623