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.
|