STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

NIMNICHT BUICK GMC, INC.,

vs.

Petitioner,

HSMV Case No.: MS-20-045

GENERAL MOTORS LLC,

Respondent.

/

FINAL ORDER

DOAH Case No.: 20-0863

FINAL ORDER NO.:

HSMV-20-0365-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Amended Order Closing File and Relinquishing Jurisdiction issued July 17, 2020, by the Honorable James H. Peterson III, Administrative Law Judge of the Division of Administrative Hearings, based on Petitioner’s Notice of Dismissal, filed July 14, 2020, copies of which are attached and incorporated by reference in this order.

Petitioner’s protest having been dismissed, and upon review of the record in the above- styled cause and being fully advised in the premises, the petition is DISMISSED. Accordingly, the case is CLOSED.

DONE AND ORDERED this 17th day of July , 2020, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK JUL 17 2020

MS-20-045

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

Page 1 of 3

NIMNICHT BUICK GMC, INC. v. GENERAL MOTORS LLC HSMV Case No. MS-20-045

DOAH Case No. 20-0863

Filed July 17, 2020 3:38 PM Division of Administrative Hearings

COPIES FURNISHED this 17th day of July , 2020, to:

Jason T. Allen, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 jallen@dealerlawyer.com hhodges@dealerlawyer.com

W. Kirby Bissell, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 kbissell@dealerlawyer.com btoney@dealerlawyer.com

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough LLP 215 South Monroe Street, Suite 400

Tallahassee, Florida 32301-1804 andy.bertron@nelsonmullins.com bev.cowart@nelsonmullins.com

Mark T. Clouatre, Esquire

Nelson Mullins Riley & Scarborough LLP 1400 Wewatta Street, Suite 500

Denver, Colorado 80202-5549 mark.clouatre@nelsonmullins.com jesse.emerson@nelsonmullins.com

Adrienne L. Toon, Esquire

Nelson Mullins Riley & Scarborough LLP 1400 Wewatta Street, Suite 500

Denver, Colorado 80202-5549 adrienne.toon@nelsonmullins.com jesse.emerson@nelsonmullins.com

Elizabeth C. Helm, Esquire

Nelson Mullins Riley & Scarborough LLP 201 17th Street N.W., Suite 1700

Atlanta, Georgia 30363-1099 kate.helm@nelsonmullins.com

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.

Docket for Case No: 20-000863

Orders for Case No: 20-000863