STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES _ 2008 QL 1S AK 42 DOAH CASE NO.: 07-5816 FINAL ORDER #: HSMV-08-1144-S-DMV UIVISION OF ADEINIS YRATIVE CFMOTO POWERSPORTS, INC., AND HEARINGS RED EMBER, Inc. Petitioners, vs. MEGA PowEK Spokts, CORP. Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by J.D. Parrish, 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. iy fe- ; ; DONE AND ORDERED this {l day of July, 2008, in Tallahassee, Leon County, Florida. CARL A. FORD, Director Division of Motor Vehicles Department of Highway i and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division gf Motor Vehicles j 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: David M. Levison Mega Power Sports Corp. 390 North Beach Street Daytona Beach, Florida 32114 Justin Asher Red Ember, Inc. 406 North Beach Street Daytona Beach, Florida 32114 Ivan Escalante CF Moto Powersports 3555 Holly Lane North, No. 30 Plymouth, Minnesota 55447 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Ella Jane P. Davis Administrative Law Judge. . Division of Administrative Hearings The DeSoto Building 1230-Apalachee Parkway. Tallahassee, Florida 323991550 Nalini Vinayak Dealer License Administrator Florida Adminjstrative Law Reports Post Office Box 385: Gainesville, Florida 32602 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CF MOTO POWERSPORTS AND RED EMBER, INC., Petitioners, MEGA POWER SPORTS, CORP., ) ) ) ) ) vs. ) Case No. 07-5816 ) ) ) Respondent. ) ) ee ORDER CLOSING FILE This cause having come on for consideration upon the terms of the Order to Show Cause entered herein on May 6, 2008, and no party having timely shown good cause why this cause should not be dismissed and the file of the Division closed, it is ORDERED that: 1. The final hearing in this cause scheduled for July 15,° 2008, is hereby canceled. 2. The file of the Division of Administrative Hearings in , the above-captioned matter is hereby closed. | DONE AND ORDERED this 23rd day of May, 2008, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS 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 May, 2008. 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 David M. Levison Mega Power Sports Corp. 390 North Beach Street Daytona Beach, Florida 32114 Justin Asher Red Ember, Inc. 406 North Beach Street Daytona Beach, Florida 32114 Ivan Escalante CF Moto Powersports 3555 Holly Lane North, No. 30 Plymouth, Minnesota 55447 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CF MOTO POWERSPORTS AND RED EMBER, INC., Petitioners, MEGA POWER SPORTS, CORP., ) ) ) ) ) vs. . ) Case No. 07-5816 ) ) ) Respondent. ) ) ORDER TO SHOW CAUSE This cause came on for consideration upon Petitioner CF Moto Powersports, Inc.'s letter withdrawing its letter of intent to do business with Petitioner Red Ember, Inc. (Copy attached and incorporated herein by reference as Exhibits "A.") All parties are granted 10 days from the instant date in which to show good cause, in writing, filed with the Division of Administrative Hearings, why this cause should not be dismissed and the file of the Division of Administrative Hearings closed. Failure to timely show good cause will result in dismissal and closure. DONE AND ORDERED this 6th day of May, 2008, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS 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 6th day of May, 2008. 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 David M. Levison Mega Power Sports Corp. 390 North Beach Street Daytona Beach, Florida 32114 Justin Asher Red Ember, Inc. 406 North Beach Street Daytona Beach, Florida 32114 Ivan Escalante CF Moto Powersports 3555 Holly Lane North, No. 30 Plymouth, Minnesota 55447 May 2 2008 11:25 May O02 2008 10:18AM HP LASERJET FAX p.2 CFMOTO Powersports, inc. 3555 Holly Lane N, #30 Plymouth, MN 55447 Tel: (888)8CFMOTO Monday, April 28, 2008 Nalini Vinayak, Administrator Dealer License Section Division of Motor Vehicles 2900 Apalachee Parkway, Room A312, MS-65 Tallahassee, Florida 32399-0500 RE: LETTER OF WITHDRAWL Please consider this a formal notice that we are withdrawing our letter of intent with the below dealer. RED EMBER CYCLES 406 NORTH BEACH ST. DAYTONA BEACH, FL 32114 JUSTIN ASHER 386-226-0068 We have no intentions of doing business with the above named dealer and we formally withdraw our letter of intent. Should you require any additional information, please feel free to contact us at 763-398-2690 Sincerely, » —_—_ Tvan Escalante Sales Manager CF MOTO Powersports

Docket for Case No: 07-005816