Oo woe STATE OF FLORIDA on oe DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES ~*_ eS poe a FINAL ORDER #: HSMV-04-275-FOI-DMV as o rn INTERNATIONAL TRUCK AND MS ENGINE CORPORATION, _ * pS: Clos Petitioner, Case No. 02-1658 VS. CAPITAL TRUCK, INC.; MARK THOMAS; AND MICHAEL J. PITTS Respondents. INTERNATIONAL TRUCK AND ENGINE CORPORATION, AND WARD INTERNATIONAL TRUCKS, INC., Petitioners, vs, CAPITAL TRUCK, INC., Respondent. FINAL ORDER Case No. 03-0633 This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing Files by Barbara J. Staros, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order,’ and upon the Court’s opinion and Mandate in International Truck and Engine Corporation, and Ward International Trucks, Inc. v. Capital Truck, Inc., Michael Pitts and Mark Thomas, So. 2d , 29 FLW D1036 (Fla. Ist DCA, 2004). Accordingly, it is ' Respondents, Capital Truck, Inc., Michael] Pitts, and Mark Thomas, filed exceptions to the Order Relinquishing Jurisdiction and Closing Files. These exceptions are ruled on in the Appendix to this Order. ORDERED and ADJUDGED that Petitioner, Ward International Trucks, Inc., be granted a license as a franchised International Truck dealer at 4856 Blountstown Highway, Tallahassee, {Leon County), Florida, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this ve day of May, 2004, in Tallahassee, Leon County, Florida. A. FORD, Dire€tor 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 278% _ day of May, 2004, 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: Robert A. Bass, Esquire Myers and Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Bruce Culpepper, Esquire Akerman, Senterfitt & Eidson, P.A. 301 South Bronough Street, Suite 200 Post Office Box 10555 Tallahassee, Florida 32302-2555 Timothy J. McDermott, Esquire Akerman, Senterfitt & Eidson 50 North Laura Street, Suite 2500 Jacksonville, Florida 32202 Robert N. Clarke, Jr., Esquire Ausley & McMullen Post Office Box 391 Tallahassee, Florida 32302 Michael J. Pitts 8203 Glenmore Drive Tallahassee, Florida 32311 Mark A. Thomas 4740 Blountstown Highway Tallahassee, Florida 32304 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Barbara J. Staros Administrative Law judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES FINAL ORDER #: HSMV-04-275-FOI-DMV INTERNATIONAL TRUCK AND ENGINE CORPORATION, Petitioner, vs. Case No. 02-1658 CAPITAL TRUCK, INC.; MARK THOMAS; AND MICHAEL J. PITTS, Respondents. INTERNATIONAL TRUCK AND ENGINE CORPORATION, AND WARD INTERNATIONAL TRUCKS, INC., Petitioners, vs. Case No. 03-0633 CAPITAL TRUCK, INC., Respondent. APPENDIX TO FINAL ORDER RULING ON EXCEPTION TO RECOMMENDED ORDER 1. Denied. See International Truck and Engine Corporation and Ward International Trucks, Inc. v. Capital Truck, Inc, Michael Pitts and Mark Thomas, So. 2d , 29 FLW D1036 (Fla. Ist DCA 2004).

Docket for Case No: 03-000633