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LS MOTORSPORTS, LLC AND BEST BUY VEHICLES, INC. vs WENMARK, INC., D/B/A ALL THE WHEEL TOYS, 07-000655 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-000655 Visitors: 22
Petitioner: LS MOTORSPORTS, LLC AND BEST BUY VEHICLES, INC.
Respondent: WENMARK, INC., D/B/A ALL THE WHEEL TOYS
Judges: J. D. PARRISH
Agency: Department of Highway Safety and Motor Vehicles
Locations: Palm City, Florida
Filed: Feb. 08, 2007
Status: Closed
Recommended Order on Wednesday, September 5, 2007.

Latest Update: Oct. 15, 2007
Summary: The issue in these cases is whether the Petitioner is entitled to establish a dealership for the sale of certain motor vehicles. As to both cases, the Respondent currently sells motorcycles that are manufactured by the same companies for which the Petitioner seeks approval.Petitioner failed to show that the existing dealer was not adequately representing the area. The existing dealer would be adversely affected by an additional dealership.
STATE OF FLORIDA ; DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 07-0655 & 07-2772 FINAL ORDER #: HSMV-07-1242-S-DMV LS MOTORSPORTS, LLC AND BEST BUY VEHICLES, INC., Petitioner, ber vs. = WENMARK, INC., d/b/a = ALL THE WHEEL TOYS, a , Uv Respondent. iS / on 2 FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of a Recommended Order of Denial by J.D. Parrish, an Administrative Law Judge of the Division of Administrative Hearings. The Department hereby adopts the Recommended Order as its Final Order in this matter. A copy of the Recommended Order is attached and is incorporated by reference in this order. Accordingly, it is ORDERED and ADJUDGED that Best Buy vehicles shall not be licensed as a franchised motor vehicle dealer for the sale of Chongquing Zongshen (ZONG), Chunfeng Holding Co. Ltd. (CFHG), and Jiangsu Linhai (LINH) motorcycles. DONE AND ORDERED this uw, of October, 2007, in Tallahassee, Leon County, Florida. RL A. FORD, Direetor 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 prlotor Vehicles this 97 day of October, 2007 NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, 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: Mark Mouming Wenmark, Inc d/b/a All the Wheel Toys 1549 Northwest Federal Highway Stuart, Florida 34994 Mathu Solo LS Motorsports 2550 East Desert Inn, No. 40 Las Vegas, Nevada 89121 Jim Buchheit Best Buy Vehicles, Inc. 3525 South US 1 Fort Pierce, Florida 34982 Michael J. Alderman, Esquire Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 J.D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 07-000655
Issue Date Proceedings
Oct. 15, 2007 Final Order filed.
Sep. 05, 2007 Recommended Order (hearing held July 19, 2007). CASE CLOSED.
Sep. 05, 2007 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 09, 2007 Letter to DOAH from M. Heatherly advising that X Power grants All the Wheel Toyz 20 miles exclusively for their makes and models filed.
Jul. 24, 2007 Copy of dealer agreement filed.
Jul. 19, 2007 CASE STATUS: Hearing Held.
Jul. 11, 2007 Notice of Stipulated Hearing Dates.
Jul. 11, 2007 Order of Consolidation (DOAH Case Nos. 07-0655 and 07-2772).
Jun. 18, 2007 Letter to N. Vinayak from W. Mourning regarding the intent to establish a franchise dealership to retail motorcycles manufactured by Chunfeng Holding Group Co LTD, CFHG in Fort Pierce, Florida filed.
Apr. 16, 2007 CASE STATUS: Pre-Hearing Conference Held.
Apr. 12, 2007 Order of Pre-hearing Instructions.
Apr. 12, 2007 Amended Notice of Hearing (hearing set for July 19 and 20, 2007; 9:00 a.m.; Palm City, FL; amended as to Dates and Location).
Apr. 06, 2007 Notice of Telephonic Motion Hearing (motion hearing set for April 16, 2007; 10:30 a.m.).
Apr. 04, 2007 Letter to Judge Parrish from M. Mourning requesting hearing for the case to be moved to Martin County filed.
Mar. 30, 2007 Notice of Ex-parte Communication.
Mar. 30, 2007 Letter to Judge Parrish from W. Mourning requesting dismissal of case filed.
Mar. 29, 2007 Notice of Ex-parte Communication.
Mar. 29, 2007 Notice of Telephonic Motion Hearing (motion hearing set for April 4, 2007; 10:30 a.m.).
Mar. 29, 2007 Letter to Judge Parrish from W. Mourning regarding dealership location filed.
Mar. 28, 2007 Letter to Judge Parrish from M. Solo requesting that the judge dismiss Wenmark Inc.`s petition filed.
Feb. 21, 2007 Order of Pre-hearing Instructions.
Feb. 21, 2007 Notice of Hearing (hearing set for July 18 through 20, 2007; 9:00 a.m.; Tallahassee, FL).
Feb. 08, 2007 Notice of Publication for New Point Franchise Motor Vehicle Dealer filed.
Feb. 08, 2007 Protest of Intent to Establish a Franchise Dealership filed.
Feb. 08, 2007 Agency referral filed.
Feb. 08, 2007 Initial Order.

Orders for Case No: 07-000655
Issue Date Document Summary
Oct. 04, 2007 Agency Final Order
Sep. 05, 2007 Recommended Order Petitioner failed to show that the existing dealer was not adequately representing the area. The existing dealer would be adversely affected by an additional dealership.
Source:  Florida - Division of Administrative Hearings

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