ee & Pe % h va STATE OF FLORIDA tn, % aS DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES OE 1. eo % “oe Tes A, Cio, 7 DOAH CASE NO.: 08-3991 Wir, & FINAL ORDER #: HSMV-08-1733-S-DMV Aggy h : She CARTER BROTHERS MANUFACTURING < CO., INC. AND ACTION MOPEDS, # 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 an Order Closing File by William F. Quattlebaum, 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 rose yf DONE AND ORDERED this Qse day of September, 2008, in Tallahassee, Leon County, Florida. b ARL A. FORD, Dire Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division offfotor Vehicles this 25° Gay 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, IIT 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 Daniel J. Lynch Action Mopeds, Inc., d/b/a Action Wheelsport 8901 Oak Street Northeast St. Petersburg, Florida 33702 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 William F. Quattlebaum 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 August 20, 2008 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Re: CARTER BROTHERS MANUFACTURING CO., INC., AND ACTION WHEEL, INC., Petitioner, vs. Case No. 08-3991 XZILR8ING ENTERPRISES, LLC d/b/a TRM RIDES, ee eee SS Respondent. Dear Sirs: We are in receipt of your INITIAL ORDER filed with the Clerk of the Division of Administrative Hearings on August 18, 2008. Attached you will find a letter we received on August 19, 2008 from Mr. Jack Mullinax of Carter Brothers Manufacturing Co., Inc. to your Mr. Robert S. Cohen formally requesting that the franchise agreement submitted by them on behalf of Action Mopeds, Inc. be withdrawn. Should the referring agency proceed with its proposed action, we shall be at their beck and call for any desired information needed. Respectfully submitted, Thomas R. Malin, III Respondent TRM/lam Enclosure CRO NO EC RO EO RC EO RO ' 909 49* Street S. * Gulfport, FL 33707 Office: 727/321-3200 Faxt 727/321-3232 ‘ Email: tfastracer3@aol.com August 20, 2008 William F. Quattlebaum Page 2 cc: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Office of General Counsel 2900 Apalachee Parkway Neil Kirkman Building, Room A432 Tallahassee, Florida 32399 Jack Mullinax Carter Brothers Mfg. Co., Inc. 1871 Highway 231 Brundidge, Alabama 36010 Daniel J. Lynch Action Mopeds, Inc. 8901 Oak Street NE St. Petersburg, Florida 33702 Robert S. Cohen Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Section Division of Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A-312, MS65 Tallahassee, Florida 32399-0635 3 August 19,208 @ “S\ Robert S. Cohen be & SF eke ©; Met Division of Administrative Hearings « 2o fF 8 The Desoto Building BoE » © 1230 Apalachee Parkway Bee ‘a Tallahassee, FL 32399-1550 Oe We) “ 2 Dear Judge Cohen: Carter Brothers Manufacturing would like to formally request that the franchise agreement submitted by Carter Brothers Manufacturing on behalf of Action Mopeds, Inc/dba Action Wheelsport be withdrawn. Carter Brothers Manufacturing regrets having requested the franchise agreement with another dealer, when in fact we had a dealer set up within the 12.5 mile range. Please accept our apology for the mistake, Regards, Jack Mullinax Sales Manager Carter Brothers Manufacturing cc: Nalini Vinayak Dealer License Section Division of Motor Vehicles Neil Kirkman Building, Room A-312, MS65 2900 Apalachee Parkway Tallahassee, FL 32399-0635 TRM Rides 909 49" St. S Gulfport, FL 33707 Thomas R. Malin STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CARTER BROTHERS MANUFACTURING CO., INC. AND ACTION MOPEDS, INC., Petitioners, vs. Case No. 08-3991 XZILR8ING ENTERPRISES, LLC d/b/a TRM RIDES, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on Respondent's letter, filed August 22, 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 28th day of August, 2008, in» Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 28th day of August, 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 Thomas R. Malin, III XZIL8RING Enterprises, LLC, d/b/a TRM Rides 909 49th Street South Gulfport, Florida 33707 Jack Mullinax Carter Brothers Manufacturing 1871 US Highway 231 South Brundidge, Alabama 36010 Daniel J. Lynch Action Mopeds, Inc., d/b/a Action Wheelsport 8901 Oak Street Northeast St. Petersburg, Florida 33702 >

Docket for Case No: 08-003991