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GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND TGT COMPANIES, INC., D/B/A EXTREME MOTOR SALES vs JUDE A. MITCHELL, D/B/A JUDE'S CYCLE SERVICE, 09-002327 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-002327 Visitors: 145
Petitioner: GALAXY POWERSPORTS, LLC, D/B/A JCL INTERNATIONAL, LLC, AND TGT COMPANIES, INC., D/B/A EXTREME MOTOR SALES
Respondent: JUDE A. MITCHELL, D/B/A JUDE'S CYCLE SERVICE
Judges: DANIEL MANRY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Orlando, Florida
Filed: May 01, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 17, 2009.

Latest Update: Dec. 23, 2009
09002327 AFO


STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


DOAH CASE NO.: 09-2327, 09-2328

DMV CASE NO.: 09-0928, 09-0927 FINAL ORDER#: HSMV-09- JJ41 -FOF-DMV


GALAXY POWERSPORTS, LLC d/b/a JCL INTERNATIONAL, LLC AND TGT COMPANIES, INC., d/b/a EXTREME MOTOR SALES,


Petitioners,


vs.


JUDE A. MITCHELL d/b/a JUDE'S CYCLE SERVICE,


Respondent.

,!


FINAL ORDER


This matter came before the Department for entry of a Final Order upon submission of a Recommended Order by, Daniel Manry, 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 TGT Companies, Inc., d/b/a Extreme Motor Sales, request to establish a new dealership for the sale of motorcycles manufactured by Zhejiang Taizhou Wangye Power Co. Ltd. (ZHEJ) and


Filed December 23, 2009 3:50 PM Division of Administrative Hearings.



Benzhou Vehicle Industry Group Co. Ltd. (SHWI) at 1918 South Orange Blossom Trail, Apopka


(Orange County), Florida 32703 is DENIED.


DONE AND ORDERED this y


/Id


of December, 2009, in Tallahassee, Leon


County, Florida.


LCARL A. 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 r¥otor Vehicles

this P: day of December, 2009.

N alini .DNlerUAdministrator


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:


Jude A. Mitchell Jude's Cycle Service

Post Office Box 585574 Orlando, Florida 32858


Leo Su

Galaxy Powersports, LLC d/b/a JCL International, LLC

2667 Northhaven Road

Dallas, Texas 75229


Tina Wilson

TGT Companies, Inc.,

d/b/a Extreme Motor Sales 1918 South Orange Blossom Trail Apopka, Florida 32703


Daniel Manry Administrative Law Judge

Division of Administrative Hearings The Desoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399


Michael J. Alderman, Esquire

Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432

2900 Apalachee Parkway

Tallahassee, Florida 32399-0635


Nalini Vinayak

Dealer License Administrator


Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602


Docket for Case No: 09-002327
Issue Date Proceedings
Dec. 23, 2009 Agency Final Order filed.
Nov. 17, 2009 Recommended Order of Dismissal. CASE CLOSED.
Oct. 21, 2009 Order (parties shall file a written response to Respondent's Motion to Dismiss by November 2, 2009).
Oct. 19, 2009 Respondent's Unilateral Pre-hearing Stipulation Statement filed.
Oct. 19, 2009 Motion to Dismiss filed.
May 12, 2009 Order of Pre-hearing Instructions.
May 12, 2009 Notice of Hearing by Video Teleconference (hearing set for November 2, 2009; 10:00 a.m.; Orlando and Tallahassee, FL).
May 12, 2009 Notice of Ex-parte Communication.
May 12, 2009 Order of Consolidation (DOAH Case Nos. 09-2327 and 09-2328).
May 11, 2009 Respondent`s Letter response to the Initial Order filed.
May 01, 2009 Notice of Publication for a New Point Franchise Motor Vehicle Dealer filed.
May 01, 2009 Protest of Intent to Establish a New Dealership filed.
May 01, 2009 Agency referral
May 01, 2009 Initial Order.

Orders for Case No: 09-002327
Issue Date Document Summary
Dec. 22, 2009 Agency Final Order
Dec. 22, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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