STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 09-0720 DMV CASE NO.: 09-0540 FINAL ORDER NO.: HSMV-09- nad -S-DMV KAWASAKI MOTORS CORPORATION US.A., Petitioner, Vs. FUN BY LAND AND SEA, INC., Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Ella Jane P. Davis, 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. Said Order Closing file was predicated upon Respondent’s Notice of Voluntary Dismissal with prejudice. Accordingly, it is hereby ORDERED that the Dealer Sales and Service Agreement between Kawasaki Motors Corporation, U.S.A. and Fun By Land and Sea, Inc. is terminated. DONE AND ORDERED this yA 4, of August, 2009, in Tallahassee, Leon afl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 County, Florida. Filed with the Clerk of the Division of Motor Vehicles this _Tthday of August, 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: Donald St. Denis, Esquire St. Denis & Davey 1300 Riverplace Boulevard, Suite 101 Jacksonville, Florida 32207 Dean Bunch, Esquire Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32309 Administrator Ella Jane P. Davis Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432-02 Tallahassee, Florida 32399-0504 ‘Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 Nalini Vinayak Dealer License Section STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS KAWASAKI MOTORS CORPORATION, _) USA, ) Petitioners, vs. Case No.: 09-0720 FUN BY LAND AND SEA, INC.,, Respondents. | NOTICE OF VOLUNTARY DISMISSAL Respondents, FUN BY LAND & SEA, INC., by and through its undersigned counsel and pursuant to Rule 1.420(c) of the Florida Rules of Civil Procedure, hereby files this Notice of Voluntary Dismissal with prejudice of its Petition for Administrative Proceedings and determination of unfair termination under § 320.641(3), Florida Statutes, by Petitioner, KAWASAKI MOTORS CORPORATION, U.S.A., in the above titled action. Each party to this action shall bear their own attorney fees and costs. ST. DENIS & DAVEY, P.A. DONALD W. ST. DENIS, a Florida Bar Number 0794864 MICHAEL J. LUFKIN, ESQUIRE Florida Bar Number 0030492 1300 Riverplace Boulevard, Suite 101 Jacksonville, Florida 32207 (904) 396-1996 — Telephone (904) 396-1991 — Facsimile Attorneys for Respondents Filed July 24, 2009 4:46 PM Division of Administrative Hearings. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by facsimile and U.S. Mail this 24th day of July, 2009, to C. Everett Boyd, Jr., Esq., Atiorney for Petitioner, : Nelson Muilins Riley & Scarborough, LLP, 3600 Maclay Boulevard South, Suite 202, Tallahassee, FL 32312; and Dean Bunch, Esq., Attorney for Petitioner, Nelson Mullins Riley & Scarborough, LLP, 3600 Maclay Boulevard South, Suite 202, Tallahassee, FL 32312; and by U.S. Mail to Michael J. Alderman, Esq., Department of Highway Safety and Motor Vehicles, Nei] Kirkman Building, Room A-432, 2900 Apalachee Parkway, Tallahassee, FL 32344.

Docket for Case No: 09-000720

Orders for Case No: 09-000720