STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-2852 DMV CASE NO.: 09-1126

FINAL ORDER NO.: HSMV-09- /3ll1-S-DMV

SATURN CORPORATION,

Petitioner,

vs.

SATURN OF ST. PETERSBURG, INC.,

Respondent.

--------------------'/

FINAL ORDER

This matter came before the Department for entry of a Final Order 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. Said Order Closing file was predicated upon Respondent's notice of withdrawal without prejudice of protest.

Accordingly, it is hereby

ORDERED that the proposed transfer of the assets and franchise of Saturn of St.

Petersburg, Inc. to Crown Automotive Man: ent, Inc. is denied.

DONE AND ORDERED this hg day of September, 2009, in Tallahassee, Leon

County,Florida.

- /J /

Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32399

Filed September 15, 2009 3:28 PM Division of Administrative Hearings.

J1J:Ji.

Filed with the Clerk of the Division of Motor Vehicles

this day of September, 2009.

NOTICE OF APPEAL RIGHTS

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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.

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Copies furnished:

John Barrett Saturn Corporation

100 Renaissance Center Drive MC: 482-A06-C66

Detroit, Michigan 48265-1000

Robert C. Byerts, Esquire Myers & Fuller P.A.

2822 Remington Green Circle Tallahassee, Florida 32308

Daniel M. Kilbride 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

2

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Nalini Vinayak

Dealer License Section

3

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SATURN CORPORATION, )

)

Petitioner, )

)

vs. )

)

SATURN OF ST. PETERSBURG, INC., )

)

Respondent. )

.)

Case No. 09-2852

ORDER CLOSING FILE

This cause having come before the undersigned on Respondent's Notice of Dismissal without Prejudice, filed

August 31, 2009, and the undersigned being fully advised, it is, therefore,

ORDERED that 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 1st day of September, 2009, in Tallahassee, Leon County, Florida.

o/

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 1st day of September, 2009.

COPIES FURNISHED:

Jennifer Clark

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-308 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635

John Barrett Saturn Corporation

100 Renaissance Center Drive MC: 482-A06-C66

Detroit, Michigan 48265-1000

Robert C. Byerts, Esquire Myers & Fuller P.A.

2822 Remington Green Circle Tallahassee, Florida 32308

Dwayne Hawkins

Crown Auto Dealerships, Inc. Crown Buick Pontiac GMC

5237 34th Street North

St. Petersburg, Florida 33714

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SATURN OF ST. PETERSBURG, INC.,

Petitioner,

V. Case No. 09-2852

SATURN CORPORATION.,

Respondent.

Plaintiff N.B.W., LLC Notice of Dismissal Without Prejudice

COMES NOW Petitioner, Saturn of St. Petersburg, Inc., by its undersigned counsel, and hereby voluntarily dismisses its Petition for Wrongful Tumdown in DOAH Case No. 09-2852.

RESPECFULL Y SUBMITTED this 31st day of August, 2009.

Respectfully submitted by:

s/ Robert C. Byerts

Robert C. Byerts FBN 440817 Myers & Fuller, P.A.

2822 Remington Green Circle Tallahassee, FL 32308

Telephone: (850) 878-6404

Fax: (850) 942-4869

E-mail: rbyerts@dealerlawyer.com

Filed August 31, 2009 1:59 PM Division of Administrative Hearings.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy hereof has been furnished by U.S. Mail to: John Barrett, Zone Manager, Saturn Corporation,, Dealer Business Planning Group, 100 Renaissance Center Drive MC: 482-A06-C66, Detroit, Michigan 48265-1000 on this 31st day of August, 2009.

Isl Robert C. Byerts

Docket for Case No: 09-002852

Orders for Case No: 09-002852