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SUNL GROUP, INC., AND ACTION MOTORSPORTS vs RIDE GREEN, INC., 08-005720 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005720 Visitors: 28
Petitioner: SUNL GROUP, INC., AND ACTION MOTORSPORTS
Respondent: RIDE GREEN, INC.
Judges: DANIEL M. KILBRIDE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Fort Myers, Florida
Filed: Nov. 14, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 23, 2009.

Latest Update: Jul. 10, 2009
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE #: 08-5720 DMV CASE #: 09-0941 FINAL ORDER #: HSMV-09- 1091 -S-DMV SUNL GROUP, INC. AND ACTION MOTORSPORTS, Petitioner, vs. RIDE GREEN, INC., Respondents. FINAL ORDER This matter came on for determination by the Department upon submission of an Order Closing File by Daniel M. Kilbride, 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. ORDERED that this case is CLOSED and no license will be issued to Sunl Group, Inc. ‘and Action Motorsports to sell motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co. Ltd. (BASH) at 11485 South Cleveland Avenue, Suite 1, Fort Myers (Lee County), Florida 33907. DONE AND ORDERED this a — day of July, 2009, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Direct6r Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division otor Vehicles this ZB day of July, 2009. 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. CAF/vlg Copies furnished: Kyle Lee Ride Green, Inc. 5686 Youngquist Road #113 Fort Myers, Florida 33912 Mei Zhou Sunl Group, Inc. ~ 8551 Ester Boulevard Irving, Texas 75063 Howard Chappell, Esquire Law Offices of Howard Chappell 1514 Cumberland Court Fort Myers, Florida 33919 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles ; Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 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 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SUNL GROUP, INC., AND ACTION MOTORSPORTS, Petitioners, RIDE GREEN, INC., ) ) ) ) ) vs. ) Case No. 08-5720 ) ) ) Respondent. ) ) ORDER CLOSING FILE This cause came before the undersigned on Petitioner’s Response to Order to Show Cause. The issue in this matter is now moot. The undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for August 18, 2009, is hereby canceled. . 2. 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 23rd day of June, 2009, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of June, 2009. COPIES FURNISHED: Michael James Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32344 Kyle Lee Ride Green, Inc. 5686 Youngquist Road 113 Fort Myers, Florida 33912 Mei Zhou SunL Group, Inc. 8551 Ester Boulevard Irving, Texas 75063 Howard Chappell, Esquire Law Offices of Howard Chappell 1514 Cumberland Court Fort Myers, Florida 33919 66/22/2009. 11:62 2399399793 RIDE GREEN, INC., Yun 22 2UUY LL Ub CHAPPELL LAW OFFICE PAGE 61/81 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SUNL GROUP, INC., AND ACTION ) MOTORSPORTS, ) ) Petitioner, ) ) vs. ) Case No. 08-5720 ) ) } ) Respondent, ee RESPONSE TO ORDER TO SHOW CAUSE GOMES NOW, HOWARD CHAPPELL, ESQ., and files this Response to Order to Show Cause and states as foliows: 1. That Petitioner, Action Motorsports, Inc, agrees that the formal hearing scheduled for July 1, 2009 should be canceled and this case dismissed as moot. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foragoing has been furnished by fax to: the Department of Administrative Hearings 850-921-6847 and by U.S, Mail to: Michael J. Aiderman, Esquire, Department of Highway $ afety, Neil Kirkman Building, Room A-432, 2900 Apalachee Parkway, Tallahassee, FL 32344: Kyle Lee, Ride Green, Inc., 5686 Youngquist Road, #113, Fort Myers, FL 33912 and: Mei Zhou, SUNL GROUP, Inc., 8551 Ester Boulevard, trving TX 75063 this 22. day of [Yue __, 2008, Law Offices of Howa 1514 Cumberland Ct. Ft. Myers, FL 33919 Telephone: = (239) 337-9875 Facsimile: (239) 939-9793 FBN: 0543381 Attorney for Action Motorsports, Inc. Page 1 of 1

Docket for Case No: 08-005720
Issue Date Proceedings
Jul. 10, 2009 Final Order filed.
Jun. 23, 2009 Order Closing File. CASE CLOSED.
Jun. 22, 2009 (Petitioner's) Response to Order to Show Cause filed.
Jun. 18, 2009 Order to Show Cause.
Jun. 16, 2009 Order of Revocation filed.
May 26, 2009 Letter to Judge Kilbride from K. Lee regarding available dates and time for hearing filed.
May 22, 2009 Order of Pre-hearing Instructions.
May 22, 2009 Order Re-scheduling Hearing (hearing set for August 18, 2009; 1:30 p.m.; Fort Myers, FL).
May 21, 2009 Notice of Unavailability and Time Required filed.
May 15, 2009 Order Granting Continuance (parties to advise status by May 25, 2009).
May 12, 2009 (Petitioner`s) Motion for Continuance filed.
May 12, 2009 Notice of Appearance (of H. Chappell) filed.
Dec. 02, 2008 Order of Pre-hearing Instructions.
Dec. 02, 2008 Notice of Hearing (hearing set for May 22, 2009; 9:30 a.m.; Fort Myers, FL).
Nov. 24, 2008 Letter response to the Initial Order filed.
Nov. 14, 2008 Initial Order.
Nov. 14, 2008 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
Nov. 14, 2008 Protest of Intent to Establish a New Dealership filed.
Nov. 14, 2008 Agency referral filed.

Orders for Case No: 08-005720
Issue Date Document Summary
Jul. 08, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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