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GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND KEB TRANS, INC., D/B/A EZ RIDERS SCOOTERS vs POWER AND PLAY WAREHOUSE, INC., 08-005867 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005867 Visitors: 28
Petitioner: GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND KEB TRANS, INC., D/B/A EZ RIDERS SCOOTERS
Respondent: POWER AND PLAY WAREHOUSE, INC.
Judges: ROBERT E. MEALE
Agency: Department of Highway Safety and Motor Vehicles
Locations: Lauderdale Lakes, Florida
Filed: Nov. 24, 2008
Status: Closed
Recommended Order on Thursday, June 18, 2009.

Latest Update: Jul. 20, 2009
Summary: The issues are whether Galaxy Powersports, LLC, is entitled to three licenses to establish new dealerships for the sale of motorcycles, pursuant to Sections 320.642 and 320.699, Florida Statutes (2008).Denial of request for new dealership. Protesting dealer pleaded standing, but is not required to prove it because it is an affirmative defense that is waived if not timely raised.
STATE OF FLORIDA Oy DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VERIGRES, a7 2: fy ? ? DOAH CASE NO.: 08-5865, 08-5866, 08-5867 DMV CASE NO.: 09-0926 FINAL ORDER #: HSMV-09-_/098 -FOF-DMV GALAXY POWERSPORTS LLC d/b/a JCL INTERNATIONAL LLC AND MX MOTOR TOYS d/b/a MX MOTORSPORTS; GALAXY POWERSPORTS LLC d/b/a JCL INTERNATIONAL LLC AND KEB TRANS, INC., d/b/a EZ RIDER SCOOTERS, Petitioners, vs. POWER AND PLAY WAREHOUSE, INC., Respondent. FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of a Recommended Order by, Robert E. Meale, 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 Recommended Order as its Final Order in this matter. Accordingly, it is hereby © ORDERED that Petitioner’s, Galaxy Powersports LLC d/b/a JCL International LLC and MX Motor Toys, Inc. d/b/a MX Motorsports, request to establish a new dealership for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 1335 Okeechobee Road #500, West Palm Beach (Palm Beach County), Florida 33401 is DENIED. Petitioner’s, Galaxy Powersports LLC d/b/a JCL International LLC and KEB Trans, Inc., d/b/a EZ Rider Scooters, request to establish a new dealership for the sale of motorcycles manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) at 7600 Wiles Road, Suite -D, Coral Springs (Broward County), Florida, 33067 is DENIED. Petitioner’s, Galaxy Powersports LLC d/b/a JCL International LLC and KEB Trans, Inc., d/b/a EZ Rider Scooters, request to establish a new dealership for the sale of motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 7600 Wiles Road, Suite D, Coral Springs (Broward County), Florida, 33067 is DENIED. DONE AND ORDERED this LS 4 of July, 2009, in Tallahassee, Leon County, Florida. LA. FORD, DireCtor 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 /Y'@ 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: Paul J. Lane, Esquire 2755 East Oakland Park Boulevard, Suite 300 Fort Lauderdale, Florida 33306 Rick Marabini MX Motor Toys, Inc. d/b/a MX Motorsports 300 South Austrailian Avenue, No. 1507 West Palm Beach, Florida 33401 Leo Su Galaxy Powersports LLC d/b/a JCL International LLC 2667 Northhaven Road Dallas, Texas 75229 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Robert E. Meale Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 08-005867
Issue Date Proceedings
Jul. 20, 2009 Final Order filed.
Jun. 26, 2009 Undeliverable envelope returned from the Post Office.
Jun. 18, 2009 Recommended Order (hearing held May 14, 2009). CASE CLOSED.
Jun. 18, 2009 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 14, 2009 CASE STATUS: Hearing Held.
Apr. 28, 2009 Amended Notice of Hearing by Video Teleconference (hearing set for May 14, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Video Hearing).
Jan. 20, 2009 Notice of Hearing (hearing set for May 14, 2009; 9:00 a.m.; Fort Lauderdale, FL).
Jan. 20, 2009 Order of Consolidation (DOAH Case Nos. 08-5865, 08-5866, and 08-5867).
Dec. 30, 2008 Respondent`s Response to Initial Order filed.
Dec. 22, 2008 Undeliverable envelope returned from the Post Office.
Nov. 24, 2008 Initial Order.
Nov. 24, 2008 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
Nov. 24, 2008 Notice of Protest Pursuant to F.S. 340.642 (2) filed.
Nov. 24, 2008 Agency referral filed.

Orders for Case No: 08-005867
Issue Date Document Summary
Jul. 15, 2009 Agency Final Order
Jun. 18, 2009 Recommended Order Denial of request for new dealership. Protesting dealer pleaded standing, but is not required to prove it because it is an affirmative defense that is waived if not timely raised.
Source:  Florida - Division of Administrative Hearings

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