STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2447 DMV CASE NO.: 09-0973

FINAL ORDER NO.: HSMV-09- /S / -S-DMV

AMERICAN SUZUKI MOTOR CORPORATION,

Petitioner,

vs.

CON'S CYCLE CENTER, INC., d/b/a HOUSE OF POWER,

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 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. Said Order Closing File was predicated upon a Second Joint Status Report.

On October 2, 2009, the Department received a copy of the Respondent's Withdrawal of Protest.

Accordingly, it is hereby

ORDERED that the Dealer Agreement between American Suzuki Motor Corporation and Con's Cycle Center, Inc. d/b/a House of Power is terminated.

Filed October 23, 2009 9:48 AM Division of Administrative Hearings.

DONE AND ORDERED this 22 ay of October, 2009, in Tallahassee, Leon County, Florida.

tor Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32399

2,:. .ct.

Filed with the Clerk of the Division of Motor Vehicles this n day of October, 2009.

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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.

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Copies furnished:

Alex Kurkin, Esquire Kurkin Brandes, LLP

4300 Biscayne Boulevard, Suite 300

Miami, Florida 33137

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312

Daniel Manry Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Michael J. Alderman, Esquire Assistant General Counsel

Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432

Tallahassee, Florida 32399

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Nalini Vinayak

Dealer License Section

Docket for Case No: 09-002447

Orders for Case No: 09-002447