STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAMBRETTA INTERNATIONAL, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 80-1301

) STATE OF FLORIDA, DIVISION OF ) MOTOR VEHICLES and DOUGLAS )

TRADING CORPORATION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 23 September, 1980, at Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Richard E. Bosse, Esquire

Suite 203, Squires Building 1300 North Federal Highway Boca Raton, Florida 33432

For Respondent: Anthony Lazzari Douglas Trading Executive Officer

Corporation: Douglas Trading Corporation

4100 North Miami Avenue Miami, Florida 33127

At the commencement of the hearing the parties announced that the controversy had been settled between them and both agreed to the following stipulation attached hereto and made a part hereof as Exhibit A.

This stipulation removes all issues from further consideration before this tribunal. It is therefore

RECOMMENDED that the terms of this stipulation be accepted by the Division of Motor Vehicles and that the authorization to import and distribute Lambretta motor scooters be deleted from the license of Douglas Trading Corporation and that a license to import and distribute Lambretta motor scooters be issued to Petitioner or its assign, Lambretta South, Inc.

Entered this 10th day of October, 1980.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th dayof October, 1980.

COPIES FURNISHED:

Richard E. Bosse, Esquire Suite 203, Squires Building 1300 North Federal Highway Boca Raton, Florida 33432

Anthony Lazzari Executive Officer

Douglas Trading Corporation 4100 North Miami Avenue Miami, Florida 33127

Jon Whitney, Esquire Legal Section

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32301

Mr. John D. Calvin, Director Division of Motor Vehicles Room 468, Neil Kirkman Building Apalachee Parkway

Tallahassee, Florida 32301

Exhibit A

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LAMBRETTA INTERNATIONAL, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 80-1301

) STATE OF FLORIDA, DIVISION OF ) MOTOR VEHICLES, and DOUGLAS ) TRADING CORPORATION, )

)

Respondents. )

)

STIPULATION

COMES NOW the Petitioner, LAMBRETTA INTERNATIONAL, INC., by and through its undersigned attorneys, and the Respondent, DOUGLAS TRADING CORPORATION, by and through its undersigned attorney and enter into this Stipulation and agree as follows:

1. DOUGLAS TRADING CORPORATION agrees and stipulates to cancel, amend, or alter its license forthwith in regards to the importing and distribution of LAMBRETTA motor scooters; it is UNDERSTOOD AND AGREED that only that portion of the license for DOUGLAS TRADING CORPORATION dealing with LAMBRETTA motor scooters as a distributor and/or importer is to be cancelled and that its license for the importation and distribution of any other motor vehicles is not to be infringed;

   
   

2. DOUGLAS TRADING CORPORATION agrees to permit LAMBRETTA INTERNATIONAL, INC. and its assign, LAMBRETTA SOUTH, INC., to obtain a license for importing and distributing LAMBRETTA motor scooters, and DOUGLAS TRADING CORPORATION agrees not to object to the same;

   
   

3. DOUGLAS TRADING CORPORATION will be permitted to dispose of its approximately eleven (11) LAMBRETTA motor scooters presently in stock until its license for the distribution and importation of LAMBRETTA motor scooters is cancelled, altered, or amended, as reflected in Paragraph "1" hereinabove;

   
   

4. LAMBRETTA INTERNATIONAL, INC., or its assign, LAMBRETTA SOUTH, INC., will sell or aid in the sale of the remaining eleven (11) LAMBRETTA motor scooters presently in stock with DOUGLAS TRADING CORPORATION for a period of thirty (30) days after the issuance of the license from the Division of Motor Vehicles to LAMBRETTA INTERNATIONAL, INC. or its assign, LAMBRETTA SOUTH, INC., for the distribution and importation of LAMBRETTA motor scooters, and will split the profits from any sale during said period of time equally with DOUGLAS TRADING CORPORATION over and above costs of said sales;

   
   

5. At the end of the thirty-day (30) period, as referred to in paragraph "4" hereinabove, LAMBRETTA INTERNATIONAL, INC. or its assign, LAMBRETTA SOUTH,

   INC., will purchase from DOUGLAS TRADING CORPORATION all of its remaining LAMBRETTA motor scooters in stock at the purchase price of $1,050.00 per motor scooter;

   
   

6. DOUGLAS TRADING CORPORATION will do all acts necessary, as required by the Florida Statutes, in regards to its dealers selling LAMBRETTA motor scooters to effectuate the purposes of this Stipulation;

   
   

7. DOUGLAS TRADING CORPORATION will assign all of its franchised agreements with its dealers of LAMBRETTA motor scooters to LAMBRETTA INTERNATIONAL, INC. or its assign, LAMBRETTA SOUTH, INC., forthwith;

   
   

8. The parties hereto further agree and stipulate that the Hearing Officer in this cause shall enter a Recommended Order disposing of this cause consistent with the terms and provisions of this Stipulation.

DOUGLAS TRADING CORPORATION LAMBRETTA INTERNATIONAL, INC.

By: By:

Anthony Lazzari, Stephen P. Bamdas,

Executive Vice-President Authorized Agent LAMBRETTA SOUTH, INC.

By: Stephen P. Bamdas, President

ALONSO-POCH & DE YURRE RAPPAPORT AND BOSSE

1313 Ponce De Leon Blvd. 1300 North Federal Highway Suite 201 Boca Raton, FL 33432

Coral Gables, FL 33134 (305) 368-2200

(305) 447-1150

By: By:

VICTOR H. DE YURRE, ESQ. Attorney for Petitioner Attorney for Douglas and Lambretta South, Inc. Trading Corporation

Docket for Case No: 80-001301

Orders for Case No: 80-001301