MOTORCYCLES OF ORLANDO, LLC d/b/a BMW MOTORCYCLES OF ORLANDO,
Petitioner,
vs.
BMW OF NORTH AMERICA, LLC,
Respondent.
/
MOTORCYCLES OF DAYTONA, LLC d/b/a BMW MOTORCYCLES OF DAYTONA,
Petitioner,
vs.
BMW OF NORTH AMERICA, LLC,
Respondent.
/
MOTORCYCLES OF TAMPA, LLC d/b/a BMW MOTORCYCLES OF TAMPA,
Petitioner,
vs.
BMW OF NORTH AMERICA, LLC,
Respondent.
/
HSMV Case No.: MS-21-234 DOAH Case No.: 21-1463
HSMV Case No.: MS-21-235 DOAH Case No.: 21-1464
HSMV Case No.: MS-21-236 DOAH Case No.: 21-1465
FINAL ORDER NO.: 2021
HSMV-21-0204-FOI-MS
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
FINAL ORDER
This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing Files and Relinquishing Jurisdiction issued July 19, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, based on the parties’ joint Stipulation of Withdrawal and Motion to Dismiss as Moot, filed July 16, 2021, copies of which are attached and incorporated by reference in this order.
Page 1 of 3
MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC
HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465
Respondent’s having withdrawn its Notice of Termination of the franchise agreements between the parties, pursuant to the parties’ Confidential Settlement and Release Agreement, the petitions are moot. Upon the parties’ joint Motion to Dismiss this proceeding as moot and review of the record in the above-styled causes, and being fully advised in the premises, the petitions are DISMISSED. Accordingly, the cases are CLOSED.
Leon County, Florida.
day of
July
, 2021, at Tallahassee,
FILED FLHSMV AGENCY CLERK JUL 21 2021
MS-21-234, MS-21-235 & MS-21-236
Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway
Tallahassee, Florida 32399
COPIES FURNISHED this 21st day of July , 2021, to:
John W. Forehand, Esquire Kurkin Forehand Brandes, LLP
1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 jforehand@kfb-law.com
R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP
1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 cspickard@kfb-law.com
John R. Skelton, Esquire Seyfarth Shaw LLP
2 Seaport Lane, Suite 300
Boston, Massachusetts 02210-2001 jskelton@seyfarth.com goleary@seyfarth.com
Lisa Kirby Haines, Esquire Seyfarth Shaw LLP
2 Seaport Lane, Suite 300
Boston, Massachusetts 02210-2001 lhaines@seyfarth.com
Mark Nagtzaam
BMW of North America, LLC 200 Chestnut Ridge Road
Woodcliff Lake, New Jersey 07677-7731
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.
Issue Date | Document | Summary |
---|---|---|
Jul. 21, 2021 | Agency Final Order | 
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 
MOTORCYCLES OF ORLANDO, LLC d/b/a 
BMW MOTORCYCLES OF ORLANDO, 
Petitioner, 
vs. HSMV Case No.: MS-21-234 
BMW OF NORTH AMERICA, LLC, DOAH Case No.: 21-1463 
Respondent. 
______________________________________/ 
MOTORCYCLES OF DAYTONA, LLC d/b/a 
BMW MOTORCYCLES OF DAYTONA, 
Petitioner, 
vs. HSMV Case No.: MS-21-235 
DOAH Case No.: 21-1464 
BMW OF NORTH AMERICA, LLC, 
Respondent. 
______________________________________/ 
MOTORCYCLES OF TAMPA, LLC d/b/a 
BMW MOTORCYCLES OF TAMPA, 
Petitioner, 
HSMV Case No.: MS-21-236 
vs. DOAH Case No.: 21-1465 
BMW OF NORTH AMERICA, LLC, 
Respondent. ______________________________________/    
 
FINAL ORDER 
This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of the Order Closing Files and Relinquishing Jurisdiction issued July 19, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, based on the parties’ joint Stipulation of Withdrawal and Motion to Dismiss as Moot, filed July 16, 2021, copies of which are attached and incorporated by reference in this order. 
Page 1 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465 

Respondent’s having withdrawn its Notice of Termination of the franchise agreements between the parties, pursuant to the parties’ Confidential Settlement and Release Agreement, the petitions are moot. Upon the parties’ joint Motion to Dismiss this proceeding as moot and review of the record in the above-styled causes, and being fully advised in the premises, the petitions are DISMISSED. Accordingly, the cases are CLOSED. 
DONE AND ORDERED this _____ day of __________, 2021, at Tallahassee,
21st July 
COPIES FURNISHED this _____ day of __________, 2021, to:
21st July 
Leon County, Florida. 
   
John W. Forehand, Esquire Kurkin Forehand Brandes, LLP 1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 
jforehand@kfb-law.com awylie@kfb-law.com 
R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 
cspickard@kfb-law.com awylie@kfb-law.com 
John R. Skelton, Esquire Seyfarth Shaw LLP 2 Seaport Lane, Suite 300 Boston, Massachusetts 02210-2001 
jskelton@seyfarth.com goleary@seyfarth.com 
Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 
Lisa Kirby Haines, Esquire Seyfarth Shaw LLP 2 Seaport Lane, Suite 300 Boston, Massachusetts 02210-2001 
lhaines@seyfarth.com 
Mark Nagtzaam BMW of North America, LLC 200 Chestnut Ridge Road Woodcliff Lake, New Jersey 07677-7731 
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 
Page 2 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465 

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. 
Page 3 of 3 MOTORCYCLES OF ORLANDO, LLC, MOTORCYCLES OF DAYTONA, LLC & MOTORCYCLES OF TAMPA, LLC v. BMW OF NORTH AMERICA, LLC HSMV Case Nos. MS-21-234, MS-21-235 & MS-21-236 DOAH Case Nos. 21-1463, 21-1464 & 21-1465 |