Petitioner: CF MOTO POWERSPORTS AND RED EMBER, INC.
Respondent: MEGA POWER SPORTS, CORP.
Judges: ELLA JANE P. DAVIS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Daytona Beach, Florida
Filed: Dec. 28, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 23, 2008.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES _
2008 QL 1S AK 42
DOAH CASE NO.: 07-5816
FINAL ORDER #: HSMV-08-1144-S-DMV UIVISION OF
ADEINIS YRATIVE
CFMOTO POWERSPORTS, INC., AND HEARINGS
RED EMBER, Inc.
Petitioners,
vs.
MEGA PowEK Spokts, CORP.
Respondent.
/
FINAL ORDER
This matter came before the Department for entry of a Final Order upon submission of an Order
Closing File by J.D. Parrish, 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.
Accordingly, it is hereby
ORDERED that this case is CLOSED.
iy fe- ; ;
DONE AND ORDERED this {l day of July, 2008, in Tallahassee, Leon County, Florida.
CARL A. FORD, Director
Division of Motor Vehicles
Department of Highway i
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division gf Motor Vehicles
j this _//# day of July, 2008.
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:
David M. Levison
Mega Power Sports Corp.
390 North Beach Street
Daytona Beach, Florida 32114
Justin Asher
Red Ember, Inc.
406 North Beach Street
Daytona Beach, Florida 32114
Ivan Escalante
CF Moto Powersports
3555 Holly Lane North, No. 30
Plymouth, Minnesota 55447
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
2900 Apalachee Parkway, Room A432
Tallahassee, Florida 32399
Ella Jane P. Davis
Administrative Law Judge. .
Division of Administrative Hearings
The DeSoto Building
1230-Apalachee Parkway.
Tallahassee, Florida 323991550
Nalini Vinayak
Dealer License Administrator
Florida Adminjstrative Law Reports
Post Office Box 385:
Gainesville, Florida 32602
4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CF MOTO POWERSPORTS AND RED
EMBER, INC.,
Petitioners,
MEGA POWER SPORTS, CORP.,
)
)
)
)
)
vs. ) Case No. 07-5816
)
)
)
Respondent. )
)
ee
ORDER CLOSING FILE
This cause having come on for consideration upon the terms
of the Order to Show Cause entered herein on May 6, 2008, and no
party having timely shown good cause why this cause should not
be dismissed and the file of the Division closed, it is
ORDERED that:
1. The final hearing in this cause scheduled for July 15,°
2008, is hereby canceled.
2. The file of the Division of Administrative Hearings in ,
the above-captioned matter is hereby closed. |
DONE AND ORDERED this 23rd day of May, 2008, in Tallahassee,
Leon County, Florida.
ELLA JANE P. DAVIS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 23rd day of May, 2008.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0635
David M. Levison
Mega Power Sports Corp.
390 North Beach Street
Daytona Beach, Florida 32114
Justin Asher
Red Ember, Inc.
406 North Beach Street
Daytona Beach, Florida 32114
Ivan Escalante
CF Moto Powersports
3555 Holly Lane North, No. 30
Plymouth, Minnesota 55447
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CF MOTO POWERSPORTS AND RED
EMBER, INC.,
Petitioners,
MEGA POWER SPORTS, CORP.,
)
)
)
)
)
vs. . ) Case No. 07-5816
)
)
)
Respondent. )
)
ORDER TO SHOW CAUSE
This cause came on for consideration upon Petitioner CF
Moto Powersports, Inc.'s letter withdrawing its letter of intent
to do business with Petitioner Red Ember, Inc. (Copy attached
and incorporated herein by reference as Exhibits "A.")
All parties are granted 10 days from the instant date in
which to show good cause, in writing, filed with the Division of
Administrative Hearings, why this cause should not be dismissed
and the file of the Division of Administrative Hearings closed.
Failure to timely show good cause will result in dismissal and
closure.
DONE AND ORDERED this 6th day of May, 2008, in Tallahassee,
Leon County, Florida.
ELLA JANE P. DAVIS
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 6th day of May, 2008.
COPIES FURNISHED:
Michael J. Alderman, Esquire
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Room A-432
2900 Apalachee Parkway
Tallahassee, Florida 32399-0635
David M. Levison
Mega Power Sports Corp.
390 North Beach Street
Daytona Beach, Florida 32114
Justin Asher
Red Ember, Inc.
406 North Beach Street
Daytona Beach, Florida 32114
Ivan Escalante
CF Moto Powersports
3555 Holly Lane North, No. 30
Plymouth, Minnesota 55447
May 2 2008 11:25
May O02 2008 10:18AM HP LASERJET FAX p.2
CFMOTO
Powersports, inc.
3555 Holly Lane N, #30 Plymouth, MN 55447 Tel: (888)8CFMOTO
Monday, April 28, 2008
Nalini Vinayak, Administrator
Dealer License Section
Division of Motor Vehicles
2900 Apalachee Parkway, Room A312, MS-65
Tallahassee, Florida 32399-0500
RE: LETTER OF WITHDRAWL
Please consider this a formal notice that we are withdrawing our letter of intent with the below dealer.
RED EMBER CYCLES
406 NORTH BEACH ST.
DAYTONA BEACH, FL 32114
JUSTIN ASHER
386-226-0068
We have no intentions of doing business with the above named dealer and we formally withdraw our letter of
intent.
Should you require any additional information, please feel free to contact us at 763-398-2690
Sincerely, »
—_—_
Tvan Escalante
Sales Manager
CF MOTO Powersports
Docket for Case No: 07-005816
Issue Date |
Proceedings |
Jul. 15, 2008 |
Final Order filed.
|
May 23, 2008 |
Order Closing File. CASE CLOSED.
|
May 06, 2008 |
Order to Show Cause (parties are granted 10 days from the instant date in which to show good cause, in writing, why this cause should not be dismissed).
|
May 02, 2008 |
Letter to N. Vinayak from I. Escalante regarding notice of withdrawing letter of intent filed.
|
Feb. 27, 2008 |
Order of Pre-hearing Instructions.
|
Feb. 27, 2008 |
Notice of Hearing (hearing set for July 15, 2008; 9:30 a.m.; Daytona Beach, FL).
|
Jan. 18, 2008 |
Notice of Telephonic Pre-hearing Conference (set for January 28, 2008; 2:00 p.m.).
|
Dec. 28, 2007 |
Notice of Intent to Establish a New Point Dealership filed.
|
Dec. 28, 2007 |
Notice of Protesting the Intent to Establish a New Point Dealership filed.
|
Dec. 28, 2007 |
Agency referral filed.
|
Dec. 28, 2007 |
Initial Order.
|