Petitioner: JMSTAR POWERSPORTS, INC., AND JOHN T. FAULKNER, D/B/A FAULKNER MOTORSPORTS
Respondent: PINE WOODS CENTER, INC., D/B/A PASCO CYCLE
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jun. 18, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, July 14, 2009.
Latest Update: Jul. 28, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-3354
DMV CASE NO. 09-1124
FINAL ORDER #: HSMV-09-//37 -S-DMV
JMSTAR POWERSPORTS, INC., AND
JOHN T. FAULKNER d/b/a
FAULKNER MOTORSPORTS,
Petitioners,
vs.
PINE WOODS CENTER, INC., d/b/a
PASCO CYCLE,
Respondent.
/
FINAL ORDER
This matter came before the Department for entry ofa 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 no license will be issued to JMSTAR
Powersports, Inc. and John T. Faulkner d/b/a Faulkner Motorsports to sell motorcycles
manufactured by Shanghai Honling Motorcycle Co. Ltd. (HONL) at 4237 US Highway 19, New
Port Richey (Pasco County), Florida 34652.
DONE AND ORDERED this 22%y of July, 2009, in Tallahassee, Leon County,
Florida.
LA. 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 of Motor Vehicles
this 2&4E day 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
filing date of this order as set out above, pursuant to Rules of Appellate Procedure.
CAF/vlg
Copies furnished:
John T. Faulkner
Faulkner Motorsports
4237 US Highway 19
New Port Richey, Florida 34652
Andrew Hennosy
Connie Hennosy
Pine Woods Center, Inc.,
d/b/a Pasco Cycle
10312 State Road 52
Hudson, Florida 34669
Yenong Xie
JMSTAR Powersports, Inc.
796 Sunflower Circle
Weston, Florida 33327
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
Jul.08 69 08:47a john "9643896138
p.1
UM le Dom'el Manry Abignde
IMSTAR POWERSPORTS INC 0624.06
ry
796 SUNFLOWER CIR, WESTON, FL 33327 VY {
TEL: 954 684 9724, FAX: 954 B389 6138, E-MAIL: PANDAINDUSTRY@MSN.COM
CANCEL THE APPOINTMENT OF ADDITIONAL DEALER
Daniel Manry, Administrative Law Judge 06.26.09
Division of Administrative Hearings
The DeSoto Buid, 1230 Apalachee Pwy
Tallahassee, Florida 32399-3060
Tel: 850 488 9675, Fax: 850 921 6847
s
Dear Mr. Manry: odd Kat Case No. 09-3354
I decide to cancel my appointment of pp woo CENTER INC, d/b/a PASCO CYCLE as my franchise
dealer of products of JMST, ZXYV, HONL? Due to this company never buy any products from my company since
was approved as my franchise dealer. So, there is no need for any hearing any mere.
»
Sincerely, AM
Yenong Xie President
CC: Pine woods center, Inc
John T. Faulkner
“pear Wr. Daniel Many : tees .
Re. Sor [eller of Jane 20 2009. his dealer Pre ey f
Fe can J wy AM
has no ight Be retest iy pidition , Due, it never “f ;
we con wos cpanel os my dealer Aer two years A even
From x, eud an pilction Fo PML Cone
never co mumranieetes with me. Mow 5S
terminal th dealershwp . yer ong xe 67.08.09
Docket for Case No: 09-003354
Issue Date |
Proceedings |
Jul. 28, 2009 |
Final Order filed.
|
Jul. 14, 2009 |
Order Closing File. CASE CLOSED.
|
Jul. 08, 2009 |
Letter to Judge Manry from Y. Xie regarding request to cancel the appointment of additional dealer filed.
|
Jun. 30, 2009 |
Order to Show Cause.
|
Jun. 29, 2009 |
Letter to Judge Manry from X. Xie requesting cancellation of the appointment of additional dealer filed.
|
Jun. 26, 2009 |
Notice of Hearing (hearing set for December 14, 2009; 10:30 a.m.; Tallahassee, FL).
|
Jun. 18, 2009 |
Initial Order.
|
Jun. 18, 2009 |
Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
|
Jun. 18, 2009 |
Protest of Establishment of a New Dealership filed.
|
Jun. 18, 2009 |
Agency referral
|
Orders for Case No: 09-003354