STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 208 JULES A 1G UI VESI DOAH CASE NO.: 07-5127 FINAL ORDER #: HSMV-08-1145-S-DMV Pon LS PRATIVE GOLDENVALE, INC., AND SEASIDE HEARINGS SCOOTERS, Petitioners, vs. MOBILITY TECH, INC., d/b/a CHARLIE’S SCOOTER DEPOT, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Carolyn S. Holifield, 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. a. : DONE AND ORDERED this _{{ "day of July, 2008, in Tallahassee, Leon County, Florida. of heakh Pu Se Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division Wied Motor Vehicles this ¢/'© day of July, 2008. 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: Linda Chen Goldenvale-Roketa 2041 South Turner Avenue Ontario, Canada 91761 Chris Smith Seaside Scooters, Inc. 411 Cleveland Street, No. 205 | Clearwater, Florida 33755 Carlos Urbizu Mobility Tech, Inc., d/b/a Charlie’s Scooter Depot 5720 North Florida Avenue, Unit 2 Tampa, Florida 33604 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Carolyn S, Holifield 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 : STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS GOLDENVALE, INC. AND SEASIDE SCOOTERS, Petitioners, Case No. 07-5127 vs. MOBILITY TECH, INC., d/b/a CHARLIE'S SCOOTER DEPOT, Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION By publication in the November 2, 2007, issue of the Florida Administrative Weekly, Petitioner, Goldenvale, Inc., provided notice of its intention to establish a new dealership, Seaside Scooters (proposed dealership), to sell Roketa, JMSTAR, Wangye, Zhongneng, Benshou and Bashan motorcycles. On . November 6, 2007, Respondent, Mobility Tech, Inc., d/b/a Charlie's Scooter Depot, filed its protest against the establishment of the proposed dealership with the Department of Highway Safety and Motor Vehicles ("Department"), pursuant to Section 320.642, Florida Statutes. On November 9, 2007, the Department referred the matter to the Division of Administrative Hearings. By Notice issued December 11, 2007, the formal hearing in the above-captioned case was scheduled for May 13, 2008, at 9:30 a.m., at the Department of Business and Professional Regulation, Fifth Floor Conference Room, 3725 West Grace Street, Suite 500, Tampa, Florida.’/ An Order of Pre-Hearing Instructions was also issued on December 11, 2007, which required the parties to exchange witness lists seven days prior to the formal hearing and to also file the witness lists with the Division of Administrative Hearings. On April 28, 2008, the undersigned issued an Amended Notice of Hearing by Video Teleconference ("Amended Notice"), which changed the hearing to a video teleconference. The Amended Notice did not change the date or time of the hearing, but changed the hearing sites to locations in Tampa and Tallahassee, Florida, and advised the parties that they could appear at either site.’/ The Notice of Hearing, the Order of Pre-Hearing Instructions and the Amended Fy Notice were mailed by U.S. mail to all the parties at their addresses of record. None of the foregoing documents were returned to the Division of Administrative Hearings as undeliverable. Neither of the parties complied with the Order of Pre- Hearing Instructions which required them to file their respective witness lists with the Division of Administrative Hearings. On May 13, 2008, at 9:30 a.m., the undersigned appeared at the video site location in Tallahassee, Florida, that was designated in the Amended Notice and the court reporter appeared at the video site in Tampa, Florida. The undersigned and the court reporter stayed at the foregoing video sites until almost 10:10 a.m., awaiting the arrival of the parties. The parties failed to appear for the hearing at the time and place designated in the Amended Notice. Also, neither of the parties requested that the hearing be continued or contacted the Division of Administrative Hearings to advise of any reason for their failure to appear at the hearing. Based on the foregoing, it is ORDERED that: 1. The file of the Division of Administrative Hearing is closed. 2. Jurisdiction of this matter is, hereby, relinquished to the Department of Highway Safety and Motor Vehicles for final agency action. DONE AND ORDERED this 22nd day of May, 2008, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD 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 22nd day of May, 2008. ENDNOTES iv this hearing date and venue were selected by the Administrative Law Judge after the parties failed to comply with the Initial Order issued November 9, 2007, directing them to submit, among other things, dates "more than 180 and less than 240 days from the date of the first objection or Notice of Protest on which you are available for hearing" and "suggested geographic location for the hearing." 2/ The Amended Notice provided the following: The Tampa site will be at the Office of Judges of Compensation Claims, Video Room, 1000 North Ashley Drive, Suite 309. The Tallahassee site will be at the Division of Administrative Hearings, Hearing Room 8, the DeSoto Building, 1240 Apalachee Parkway. Witnesses, parties, representatives, and/or attorneys may report to either site. The Administrative Law Judge will be at the Tallahassee site. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Linda Chen Goldenvale-Roketa 2041 South Turner Avenue Ontario, Canada 91761 Chris Smith Seaside Scooters, Inc. 411 Cleveland Street, No. 205 Clearwater, Florida 33755 Carlos Urbizu Mobility Tech, Inc., d/b/a Charlie's Scooter Depot 5720 North Florida Avenue, Unit 2 Tampa, Florida 33604

Docket for Case No: 07-005127