. @p * ee STATE OF FLORIDA a & DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES “gy, P| ™ Lege, ”, DOAH CASE NO.: 08-1457 CSO, ? FINAL ORDER #: HSMY-08-1712-S-DMV “peg On , SL, CFMOTO POWERSPORTS, INC., AND < SKOLNICK AND WAITZE, INC., ’ d/b/a SPORTCYCLES R US., Petitioners, YS. WENMARK, INC., d/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 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. DONE AND ORDERED this aT day of September, 2008, 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 Division of Motor Vehicles this 2S day of September, 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: Mark L. Omstein, Esquire Killgore, Pearlman, Stamp, Omstein and Squires P.A. 2 South Orange Avenue, Fifth Floor Orlando, Florida 32801 Lev Mirman, President CFMOTO Powersports, Inc. 3555 Holly Lane North, No. 30 Plymouth, Minnesota 55447 Cynthia Skolnick Skolnick and Waitze, Inc., d/b/a/ Sportcycles R Us 3953 South US Highway 1 Fort Pierce, Florida 34982 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 J.D. Parrish 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 Aug 26 2008 14:29 08/25/2808 13:29 7724605096 SPORTCYCLES R US PAGE 82/02 Skolnick & Waitze Inc. d/b/a SPORTCYCLES R US 3953 South U.S. Highway 1 Ft. Pierce, FL 34982 Phone: (772) 460-5095 Fax: (772) 460-5096 DOAH Number 08-1457 ORIGINAL LETTER SENT 8/14/2008 RE: CF MOTO POWERSPORTS, INC. SKOLNICK & WAITZE INC. d/b/a SPORTCYCLES R US WENMARK, INC. d/b/a ALL THE WHEEL TOYS THIS IS TO NOTIFY ALL CONCERNED PARTIES THAT AT THIS PRESENT TIME, SKOLNICK & WAITZE INC, d/b/a SPORTCYCLES R US WILL NOT PURSUE REPRESENTING CF MOTO POWERSPORTS, INC. AND WE ARE WITHDRAWING OUR APPLICATION FOR A DEALERSHIP. COPIES SENT VIA FAX AND/OR MAILED TO: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A432 Tallahassee, FL 32399-0500 Fax 850-922-6784 Lev Mirman CF Moto Power Sports Inc. 3555 Holly Lane North Plymouth, MN 55447 Fax 763-398-2695 Wendy Eisner Wenmark, Inc. d/b/a All The Wheel Toys 1540 NW Federal Highway Stuart, FL 34994 Mark Ornstein Ried Arnald Kiligore, Peariman, Stamp, Ornstein & Squires, P.A. P.O. Box 1913 Orlando, FL 32802 Fax 407-839-3635 Thank you, Cynthia A. Skalnick STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CFMOTO POWERSPORTS, INC., AND SKOLNICK AND WAITZE, INC., d/b/a SPORTCYCLES R US, Petitioners, Case No. 08-1457 vs. WENMARK, INC., d/b/a ALL THE WHEEL TOYS, Respondent. Vee He ye Ye YY ES YS YS LS LS LE ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's letter withdrawing request for hearing, filed August 26, 2008, and a telephone conference call held on September 2, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for September 24, 2008, is hereby canceled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the agency. DONE AND ORDERED this 2nd day of September, 2008, in Tallahassee, Leon County, Florida. J. D. PARRISH 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 2nd day of September, 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 Mark L. Omstein, Esquire Killgore Pearlman Stamp Omstein & Squires P.A. 2 South Orange Avenue, Fifth Floor Orlando, Florida 32801 Lev Mirman, President CFMOTO Powersports, Inc. 3555 Holly Lane North, No. 30 Plymouth, Minnesota 55447 Cynthia Skolnick Skolnick & Waitze, Inc., d/b/a Sportcycles R Us 3953 South US Highway 1 Fort Pierce, Florida 34982 ™s

Docket for Case No: 08-001457