Petitioner: GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND KITAI POWERSPORTS, INC.
Respondent: ROAD POWER USA, LLC
Judges: P. MICHAEL RUFF
Agency: Department of Highway Safety and Motor Vehicles
Locations: Jacksonville, Florida
Filed: Feb. 05, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 7, 2009.
Latest Update: Aug. 27, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-0624 &e
DMV CASE NO. 09-0661 ica :
FINAL ORDER #: HSMV-09-/27A -S-DMV <
GALAXY POWERSPORTS, LLC d/b/a
JCL INTERNATIONAL, LLC AND
KITAI POWERSPORTS, INC.,
Petitioners,
vs.
ROAD POWER USA, LLC,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an
Order Closing File by P. Michael Ruff, Administrative Law Judge of the Division of
Administrative Hearings, pursuant to non-compliance to the requirements set out in the Order to
Show Cause—for both parties to file responses no later than July 26, 2009 as to why this matter
should not be closed based on lack of response to the Order of Pre-Hearing Instructions. 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 no license will be issued to Galaxy
Powersports, LLC d/b/a JCL International, LLC and Kitai Powersports, Inc. to sell motorcycles
manufactured by Kaitong Motorcycle Manufacture Co. Ltd. (KAIT) at 228 North 3™ Street,
Jacksonville, (Duval County), Florida 32250.
DONE AND ORDERED this bu 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.
i Vinayak, Dealer nat. Administrator
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/vig
Copies furnished:
Leo Su .
Galaxy Powersports, LLC
d/b/a JCL International, LLC
2667 Northhaven Road
Dallas, Texas 75229
Jim Lee
Road Power USA, LLC
927 North 3 Street
Jacksonville Beach, Florida 32250
Claudio Biltoc
Kitai Powersports, Inc.
143 Belmont Drive
St. Johns, Florida 32259
Pete Biltoc
Kitai Powersports, Inc.
13887 Sea Prairie Street
Jacksonville, Florida 32216
Rustin Murray
Kitai Powersports, Inc.
400 North Pimlico Street
St. Augustine, Florida 32090
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
2900 Apalachee Parkway, Room A432
Tallahassee, Florida 32399
P. Michael Ruff
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: 09-000624
Issue Date |
Proceedings |
Aug. 27, 2009 |
Final Order filed.
|
Aug. 07, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 23, 2009 |
Undeliverable envelope returned from the Post Office.
|
Jul. 16, 2009 |
Show Cause Order
.
|
Jul. 16, 2009 |
Show Cause Order
.
|
Jun. 05, 2009 |
Order of Pre-hearing Instructions.
|
Mar. 06, 2009 |
Notice of Hearing (hearing set for July 24, 2009; 10:30 a.m.; Jacksonville, 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 Dealership filed.
|
Feb. 05, 2009 |
Agency referral filed.
|
Orders for Case No: 09-000624