STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DOAH CASE NO.: 09-3355 DMV CASE NO. 09-1123 FINAL ORDER #: HSMV-09-_//27-S-DMV JMSTAR POWERSPORTS, INC., AND JOHN T. FAULKNER d/b/a FAULKNER MOTORSPORTS, Petitioners, VS. NEW WAVE CYCLE, 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 Manry,, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s request for withdrawal, 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. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to JMSTAR Powersports, Inc. and John T. Faulkner d/b/a Faulkner Motorsports to sell motorcycles manufactured by Zhejiang Xingyue Vehicle Co. Ltd. (ZXYV) at 4237 US Highway 19, New Port Richey (Pasco County), Florida 34652. DONE AND ORDERED this 22%4ay of July, 2009, in Tallahassee, Leon County, Florida. RL 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 Motor Vehicles this Z24Eday 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: John T. Faulkner Faulkner Motorsports 4237 US Highway 19 New Port Richey, Florida 34652 Gary McCarthy New Wave Cycles, Inc. 14813 US Highway 19 Hudson, Florida 34667 Yenong Xie JMSTAR Powersports, Inc. 796 Sunflower Circle Weston, Florida 33327 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Daniel Manry Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 VUL 8 2uu7 Pru Jul 08 09 08:27a john 9543896138 p.1 AtN. Daniel Man by JMSTAR POWERSPORTS INC 796 SUNFLOWER CIR, WESTON, FL 33327 TEL: 954 684 9724, FAX: 954 B389 6138, E-MAIL: PANDAINDUSTRY@MSN.COM CANCEL THE APPOINTMENT OF ADDITIONAL DEALER Daniel Manry, Administrative Law Judge 06.26.09 Division of Administrative Hearings The DeSoto Buld, 1230 Apalachee Pwy Tallahassee, Florida 32399-3060 Tel: 850 488 9675, Fax: 850 92] 6847 Dear Mr. Daniel Monry - Case No. 09-3355 I decide to cancel my petition of appoint additional dealer at Case No. 09-3355. Se, there is no need for any hearing any more, Sincerely, Yenong Xie President Mas & for / u aeercycle REG, CC: New Wave Cycle, Inc art “ Kong f e ne 7 John T. Faulkner if, ° Dear Mr Panel Many + _! decide £o cancel al petition So fee Case. Com be closed Q Xe. . ei ons 07-08-09 Séud by second. tum .

Docket for Case No: 09-003355

Orders for Case No: 09-003355