STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 01-3045 FINAL ORDER #: HSMV-02-058-S-DMV YAMAHA MOTOR CORPORATION AND PERFORMANCE YAMAHA, LLC, Petitioners, ys. 2 CYCLE SPORTS CENTER, INC., AND () S V\ DEPARTMENT OF HIGHWAY SAFETY . AND MOTOR VEHICLES, a3(i C2 Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Daniel Manry, an 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 thiso2S \ day of January, 2002, 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 2% day of January, 2002. a NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutés, 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: Dean Bunch, Esq. Russell S. Kent, Esq. Sutherland Asbill & Brennan LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308 Daniel E. Myers Myers & Fuller, P.A. 402 Office Plaza Drive Tallahassee, Florida 32301 Thomas Wagner Cycle Sport Center, Inc. 4001 John Young Parkway Orlando, Florida 32804 Daniel Manry Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Ronald Reynolds Dealer License Administrator cece 1 PRIMER ATE ere on St ditt dea Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 epee pe epee: Oper cre were errr © As a om STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YAMAHA MOTOR CORPORATION AND PERFORMANCE YAMAHA, LLC, Petitioners, vs. Case No. 01- 3 04550t of ghvay Offce of 2% tor CYCLE SPORTS CENTER, INC., AND Gene es Mies DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondents. a ee ee eee) ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Withdrawal of Notice of Intent to Permit Establishment, filed January 16, 2002, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for March 13 through 15, 2002, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 23rd day of January, 2002, in Tallahassee, Leon County, ‘Florida. : : So pp oegerr ap rene DANIEL MANRY 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 23rd day of January, 2002. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A432 Tallahassee, Florida 32399-0500 Dean Bunch, Esquire Sutherland, Asbill & Brennan, LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32308-3561 Thomas Wagner Cycle Sport Center, Inc. 4001 John Young Parkway Orlando, Florida 32804 i j q vane fas ah Received Event (Event Succeeded) Date: Ww HelO2 Time: 5:09 PM Pages: 3 NN Sender: 850 894 0030 Remote CSA; 16.860894 8036em «= SUTHERLAND ASBILL FL S5a.894203a No.488 PLB STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS YAMAHA MOTOR CORPORATION AND PERFORMANCE YAMAHA, LL.C., vs. Petitioners, CRM Case No.: 01-3045 CYCLE SPORT CENTER, Respondent. WITHDRAWAL OF NOTICE OF INTENT TO PERMIT ESTABLISHMENT Petitioner, Yamaha Motor Corporation, U.S.A. ("YMC"), withdraws, without prejudice, its notice of intent to permit the establishment of Performance Yamaha, L.L.C, as an additional Yamaha motorcycle dealership at 16121 West Colonial Drive, Oakland, Florida. Accordingly, YMC respectfully requests that this proceeding be dismissed as moot. Respectfully submitted; this 16" day of January, 2002. Raraad® & Ke ae Dean Bunch Russell 8. Kent Sutherland Asbill & Brennan LLP 2282 Killearn Center Boulevard Tallahassee, Florida 32309 (850) 894-0015 Fax: (850) 894-0030 Attorneys for Yamaha Motor Corporation, U.S.A. serene ore cae pet Se Be aa a Batis ha roy a Paar’ ale Os oS ee re’ cae ae mo a Received Event (Event Succeeded) Date: 4602 - Time: 5:09 PM. Pages: 3 Sender: 850 894 0030 Remote C$iN;16.860894 8036 = SUTHERLAND ASBILL FL 850.9940050 N.488 PLB CERTIFICATE OF SERVICE THEREBY CERTIFY that Ihave this 16th day of January, 2002 served a copy of the foregoing by facsimile transmission upon the following: Daniel E, Myers Myers & Puller, PA. 402 Office Plaza Drive Tallahassee, FL 32301 Race 8. Vee 11602 4.58 PM HAUSERS\CLIENTICinytleNTTPLAWITHDRAWAL OF NOTICE 071601.d00 Sie a ote betel talk a natant teeetinaetn aan ha adetee dae deetadeateaaeeiond aii sae eae oe rr ce agpene ©

Docket for Case No: 01-003045