STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 09-2448 DMV CASE NO.: 09-0974 FINAL ORDER NO.: HSMV-09-_//A3_-S-DMV TRIUMPH MOTORCYCLES (AMERICA), LTD., Petitioner, vs. CON’S CYCLE CENTER, INC., d/b/a HOUSE OF POWER, Respondent. / FINAL ORDER This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, 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 withdrawal without prejudice of protest. Accordingly, it is hereby ORDERED that the Dealer Agreement between Triumph Motorcycles (America), Ltd. and Con’s Cycle Center, Inc. d/b/a House of Power is terminated. DONE AND ORDERED this day of July, 2009, in Tallahassee, Leon County, Florida. A. FORD, Directo Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division Boon Vehicles this ay 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: Alex Kurkin, Esquire Kurkin Brandes, LLP 4300 Biscayne Boulevard, Suite 305 Miami, Florida 33137 Melissa Fletcher Allaman, Esquire Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 R. Bruce McKibben 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 TRIUMPH MOTORCYCLES (AMERICA), LTD., Petitioner, Case No. 09-2448 vs. CON’S CYCLE CENTER, INC. d/b/a HOUSE OF POWER, Respondent. / RESPONDENT’S WITHDRAWAL WITHOUT PREJUDICE OF PROTEST Respondent, CON’S CYCLE CENTER, INC. d/b/a HOUSE OF POWER withdraws its Petition for Determination of Unfair Discontinuation Pursuant to Section 320.641(3), Florida Statutes. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing was furnished (via US Mail or Email) on this 13" day of July, 2009 to: Jennifer Clark, Office of the Hearing Officer, Room A-308, Neil Kirkman Building, 2900 Apalachee Parkway, Tallahassee, Florida 32399, clark.jennifer@hsmv.state.fl.us, Melissa Allaman, Esq., Neilson, Mullins, Riley & Scarborough, LLP, 3600 Maclay Blvd., South, Suite 202, Tallahassee, Fl 32312-1267 melissa.allaman@nelsonmullins.com and Andrew Bertron, Esq., Nelson, Mullins, Riley & Scarborough, LLP, 3600 Maclay Bivd., South, Suite 202, Tallahassee, Fl 32312-1267, andrew.bertron@nelsonmullins.com. KURKIN BRANDES, LLP Attorneys for Respondent 4300 Biscayne Boulevard, Suite 305 Miami, Fiorida 33137 Telephone: 305-929-8500 Facsimile: 305-675-0564 By: Kurkirl’ ESq. FL Bar No. 899038 Filed July 13, 2009 12:41 PM Division of Administrative Hearings.

Docket for Case No: 09-002448

Orders for Case No: 09-002448