Q ° af STATE OF FLORIDA a Q 4 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES _, “5 a . % Ly, % DOAH CASE NO.: 08-3990 Kies, oS @ FINAL ORDER #: HSMY-08-1813-S-DMV to. Oy iy CARTER BROTHERS MANUFACTURING < CO., INC. AND SCOOTS USA OF FLORIDA INC., Petitioners, vs. XZILR8ING ENTERPRISES, LLC d/b/a TRM RIDES, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of Order closing file by Carolyn S. Holifield, 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 closing file as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that Petitioner, Scoots USA of Florida, Inc., d/b/a/ Scoots USA of Florida be granted a license as a dealer for the sale of motorcycles manufactured by Sanyang Industry Co. Ltd. (SANY) at 13191 56" Court, #105, Clearwater (Pinellas County), Florida 33760 upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 25° A, of September, 2008, in Tallahassee, Leon County, Florida. RL A. FORD, Direet6r 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 25 day of September, 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: Thomas R. Malin, III Xzilr8ing Enterprises, LLC d/b/a TRM Rides 909 49" Street South Gulfport, Florida 33707 Jack Mullinax Carter Brothers Manufacturing 1871 US Highway 231 South Brundidge, Alabama 36010 Mark Wezton Scoots USA of Florida, Inc., d/b/a Scoots USA of Florida 9605 Trackroom Greenfalls, Virginia 22066 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 CARTER BROTHERS MANUFACTURING co., INC. AND SCOOTS USA OF FLORIDA, INC., Petitioners, XZILR8ING ENTERPRISES, LLC a/b/a TRM RIDES, ) ) ) ) ) ) vs. ) Case No. 08-3990 ) ) ) ) Respondent. ) ) ORDER CLOSING FILE This cause having come before the undersigned on Respondent's correspondence/letter withdrawing protest filed on September 11, 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 17th day of September, 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 17th day of September, 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 Jack Mullinax Carter Brothers Manufacturing 1871 US Highway 231 South Brundidge, Alabama 36010 Mark Wezton Scoots USA of Florida, Inc. d/b/a Scoots USA of Florida 9605 Tackroom Greenfalls, Virginia 22066 Thomas R. Malin, III XZIL8RING Enterprises, LLC d/b/a TRM Rides 909 49th Street South Gulfport, Florida 33707 September 2, 2009 Robert S. Cohen, Director and Chief Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Re: Carter Brothers Manufacturing Co., inc. and Scoots USA of Florida, Inc. d/b/a Scoots USA of Florida Petitioners, vs. XZILR8ING Enterprises LLC d/b/a/ TRM Rides Respondent. Dear Mr. Cohen: We have had several discussions with Carter Brothers Manufacturing Co., Inc. regarding the above referenced. It has been our desire and we have been pursuing expansion into the area where Scoots USA of Florida is presently located. We have discussed this with Mr. Robert Belmont of Carter Brothers and he has assured. us that if we do proceed with expanding our business, we will not be protested by Scoots USA of Florida for infringing within their territory, though it is our territory to begin with. _ As a result of this explicit assurance from Carter Brothers Manufacturing Co., Inc. we will withdraw our complaint for protesting the line-make Sanyang Industry Co. Ltd. (SANY) to Scoots USA of Florida. We sincerely hope that all parties involved are satisfied with our decision and that you will issue an ORDER CLOSING FILE. SS OS SP OS PP PP PT EH 909 49” Street S. » Gulfport, FL 33707 Office: 727/321-3200 Fax. 727/321-3232 Emad: tfastracer3@acl.com Mr. Robert S. Cohen Page 2 September 2, 2009 Respectfully submitted, ash WO Thomas R. Malin, Ill TRM/lam ce: Mr. Jack Mullinax Carter Brothers Manufacturing Co., Inc. 1871 US Highway 231 Brundidge, Alabama 36010 Mr. Michael J. Alderman, Esquire Room A-432, Neil Kirkman Building Tallahassee, Florida 32399-0635 Mr. Cart A. Ford Director of the Division of Motor Vehicles Room B-439, Neil Kirkman Building Tallahassee, Florida 32399-0635 Mr. Mark Wezton, Dealer Operator Scoots USA of Florida, Inc. d/b/a/ Scoots USA of Florida 9605 Tackroom Greensfalls, Virginia 22066 Mr. Gary Konopka, Administrator, Region VI Division of Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399

Docket for Case No: 08-003990