STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2839 DMV CASE NO. 09-1127

FINAL ORDER#: HSMV-09- / it>D-S-DMV

MOTO DEALER IMPORT, LLC AND CONTINENTAL MOTOR GROUP, INC.,

Petitioners,

vs.

WENMARK, INC., cl/b/a ALL THE WHEEL TOYS,

Respondent.

!

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Patricia M. Hart, 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 no license will be issued to Moto Dealer Import, LLC and Continental Motor Group, Inc. to sell motorcycles manufactured by Benzhou Vehicle Industry Group Co. Ltd. (SHWI) at 885 Southeast Monterey Road, Stuart (Martin County), Florida 34994.

Filed December 17, 2009 8:31 AM Division of Administrative Hearings.

DONE AND ORDERED this /54,of December, 2009, in Tallahassee, Leon County, Florida.

Division of Motor Vehicles Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

Filed with the Clerk of the Divis/kthf Motor Vehicles

this uday of December, 2009.

,.<.;?C?.c,,Dealllr7lcenieAdmlnistrator

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.

Copies furnished:

Jack Lin

Moto Dealer Import, LLC

4998-B South Royal Atlanta Drive Tucker, Georgia 30084

Mark Mourning Wenmark, Inc.

d/b/a All The Wheel Toys

1540 Northwest Federal Highway Stuart, Florida 34994

Onofrio Bruno

Continental Motor Group, Inc. 885 Southeast Monterey Road Stuart, Florida 34994

Patricia M. Hart Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles

Neil Kirkman Building

2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399

Nalini Vinayak

Dealer License Administrator

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Docket for Case No: 09-002839

Orders for Case No: 09-002839