/ STATE OF FLORIDA bj Pip DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES?! y us eee ° DOAH CASE NO.: 08-1215 Anigfary FINAL ORDER #: HSMV-08-590-S-DMV ag Ve MVP ENTERPRISES, INC., AND PALM CITY CORPORATION, INC., d/b/a DRAGON CYCLE, Petitioners, vs. GRANPA’S CYCLE CENTER, INC., Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Daniel M. Kilbride, 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, DONE AND ORDERED this Jo” day of April, 2008, in Tallahassee, Leon County, Florida. A. FORD, aS 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 Motor Vehicles this | ‘So/day of April, 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: Amy Davis MVP Enterprises, Inc. Post Office Box 1779 Russellville, Arkansas 72811 Jim Wilson Palm City Corporation, Inc., d/b/a Dragon Cycle 11100 South Cleveland Avenue Fort Myers, Florida 33907 Marion Stewart Granpa’s Cycle Center, Inc. 3596 Fowler Street Fort Myers, Florida 33901 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Daniel M. Kilbride 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 aoe STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS MVP ENTERPRISES, INC., AND PALM CITY CORPORATION, INC., d/b/a DRAGON CYCLE, Petitioners, vs. Case No. 08-1215 GRANPA'S CYCLE CENTER, INC., Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Letter to N. Vinayak from L. Stewart regarding letter of withdrawal, filed April 2, 2008, and the undersigned being fully advised, it is, therefore, — : ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 3rd day of April, 2008, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 3rd day of April, 2008. COPIES FURNISHED: Amy Davis MVP Enterprises, Inc. Post Office Box 1779 ee Russellville, Arkansas 72811 Jim Wilson Palm City Corporation, Inc., d/b/a Dragon Cycle _— 11100 South Cleveland Avenue Fort Myers, Florida 33907 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A~-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Marion Stewart Grandpa's Cycle Center, Inc. 3596 Fowler Street Fort Myers, Florida 33901 Apr 2 2008 16:14 FROM *: PHONE NO. : Apr. @2 2088 @3:4@PM P1 Grandpa's Cycle Center, Inc. 3596 Fowler St Ft Myers, FL 33901 March 20, 2008 Nalini Vinayak, Administrator Dealer License Section Division of Motor Vehicles 2900 Apalachee Parkway, Room A312, MS-65 Tallahassee, FL 32399-0500 RE: Case # 08-1215, Final Order# 2126 | Cel Grandpa’s Cycle vs. MVP Enterprises, Inc. & Palm City Corporation dba Dragon 'ycle. We are aware and in agreement of MVP’s decision and letter to withdraw their Letter of Intent for Palm City Corporation dba Dragon Cycle and manufacturer “Gung”, We confirm that they have submitted a copy of this request to the following: Division of Administrative Hearings, Motor Vehicle Legal Office and Debbie Posey of the Dealer Licensing Department. Since they have decided that Grandpa’s Cycle will be the Authorized Xtreme Dealer for the manufacture designated as “Gung” and distributed by MVP Enterprises. The Final Order #2126 for manufacturer “Gung” to Grandpa’s Cycle and there is no need to move forward with the dispute of franchise territory. If you have any questions or if there is further action that should be taken please contact Amy Davis, Licensing Coordinator for MVP Enterprises, Inc. at (888) 844-9440 or Lynda Stewart, CEO for Grandpa’s Cycle Center, Inc. at 239-334-8818. Kindest . Lynda ' Grandpa’s Cycle Center

Docket for Case No: 08-001215