STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 07-4373 FINAL ORDER #: HSMV-07-1286-S-DMV MOD CYCLES CORP. AND SKOLNICK AND WAITZE, INC., d/b/a SPORT CYCLES RUS, Petitioners, P=) vs. = ba WENMARK, INC., d/b/a ALL THE _ WHEEL TOYS, nn U Respondent. Ss / a fore) FINAL ORDER This matter came before the Department for entry of a Final Order upon Petitioner’s Withdrawal of request for formal hearing the Order closing file by J.D. Parrish, 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 on the Withdrawal of request for a formal hearing as its Final Order in this matter. In addition, it is ORDERED and ADJUDGED that Petitioner, Mod Cycles Corp. and Skolnick and Waitze, Inc., be granted a license as a franchised motor vehicle dealer for the sale of motorcycles manufactured by Deceleste (DECE) at 4412 U.S. Highway 1, Fort Pierce (St. Lucie County), Florida 34982, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Accordingly, it is ORDERED that this case is closed. ONE AND ORDERED this wy of October, 2007, in Tallahassee, Leon County, Florida. j Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division Motor Vehicles this //£E 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: Wendy Mourning All the Wheel Toys, Inc. 1540 Northwest Federal Highway Stuart, Florida 34994 Javier Opoczynski Mod Cycles Corp. 7547 Northwest 52 Street Miami, Florida 33166 Art Skolnick Skolnick & Waitz, Inc., d/b/a Sport Cycles R Us 4412 US Highway 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 Vinayakl Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 07-004373