STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

MALO AUTOMOTIVE GROUP, INC. d/b/a PINES LINCOLN,

Petitioner, HSMV Case No.: MS-19-1031

vs.

LINCOLN NORTH MIAMI and FORD MOTOR COMPANY,

Respondents.

/

FINAL ORDER

DOAH Case No.: 20-4304

FINAL ORDER NO.:

HSMV-20-0461-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 Order Closing File and Relinquishing Jurisdiction, issued December 9, 2020, by the Honorable Robert L. Kilbride, Administrative Law Judge of the Division of Administrative Hearings, based on Petitioner’s Notice of Withdrawing Protest with prejudice, filed December 8, 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,

It is ORDERED AND ADJUDGED that the petition is DISMISSED, the Respondents’ application is APPROVED, and the case is CLOSED. If the applicant meets all other requirements for licensure, the Bureau of Dealer Servives may issue Lincoln North Miami a license for establishment of the proposed dealership for the sale and service of Lincoln vehicles (line-make LINC) in Miami-Dade County, Florida.

DONE AND ORDERED this 9th day of December , 2020, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK DEC 09 2020

MS-19-1031

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

Tallahassee, Florida 32399

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MALO AUTOMOTIVE GROUP, INC. v. LINCOLN NORTH MIAMI & FORD MOTOR COMPANY HSMV Case No. MS-19-1031

DOAH Case No. 20-4304

Filed December 9, 2020 4:35 PM Division of Administrative Hearings

COPIES FURNISHED this 9th day of December , 2020, to:

John W. Forehand, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301-1860 jforehand@kfb-law.com awylie@kfb-law.com

Kenneth L. Paretti, Esquire Quinton & Paretti, P.A.

1 Southeast 3rd Avenue, Suite 1405

Miami, Florida 33131-1726 kparetti@quintonparetti.com

A. Edward Quinton III, Esquire Quinton & Paretti, P.A.

1 Southeast 3rd Avenue, Suite 1405

Miami, Florida 33131-1726 equinton@quintonparetti.com

Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301-1860 cspickard@kfb-law.com awylie@kfb-law.com

John R. Reid, Esquire McDonald Toole Wiggins, P.A.

111 North Magnolia Avenue, Suite 1200

Orlando, Florida 32801-2370 mcarroll@mtwlegal.com pineslincolnvford@mtwlegal.com

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

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

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

§ 120.68, Fla. Stat., and Fla. R. App. P. 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 Fla. R. App. P. 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.

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MALO AUTOMOTIVE GROUP, INC. v. LINCOLN NORTH MIAMI & FORD MOTOR COMPANY HSMV Case No. MS-19-1031

DOAH Case No. 20-4304

Docket for Case No: 20-004304

Orders for Case No: 20-004304