STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 10-2177 DMV CASE NO.: 10-0650

FINAL ORDER NO.: HSMV-10- /337-S-DMV

FUCCILLO AFFILIATES OF FLORIDA, INC. AND KIA MOTORS AMERICA, INC.,

Petitioner,

vs.

GALEANA CHRYSLER JEEP, INC. d/b/a GALEANA KIA,

Respondent.

                                                                         !

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by William F. Quattlebaum, 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 Respondent's Notice of Voluntary Dismissal, filed October 07, 2010.

Accordingly, it is hereby

ORDERED and ADJUDGED that Petitioner, Fuccillo Affiliates of Florida, Inc., be granted a license for the sale of automobiles manufactured by Kia Motors America, Inc. (KIA) at 404 Northeast Pine Island Road, Cape Coral (Lee County), Florida 33906, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules.

Filed Nov 4, 2010 8:14 AM Division of Administrative Hearings

DONE AND ORDERED this ;2/ <of October, 2010, in Tallahassee, Leon

County, Florida.

C�ARL 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 .J.1J,}I day of October, 2010.

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:

J. Andrew Bertron, Esquire

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

Tallahassee, Florida 32312

Robert Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite lB Tallahassee, Florida 32303

William B. Fuccillo

Fuccillo Affiliates of Florida, Inc. 110 Munro Drive

Camillus, New York 13031

William F. Quattlebaum Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Nalini Vinayak

Dealer License Section

Docket for Case No: 10-002177

Orders for Case No: 10-002177