STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 09-4737, 10-0648 DMV CASE NO.: 09-1542

FINAL ORDER NO.: HSMV-10- q47 -S-DMV

KIA MOTORS AMERICA, INC.,

Petitioner,

vs.

POTAMKIN CHRYSLER PLYMOUTH, INC. d/b/a POTAMKIN KIA,

Respondent.

./

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Errol H. Powell 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 the Respondent's Notice of Dismissal.

Accordingly, it is hereby

ORDERED that the Dealer Sales and Service Agreement between Kia Motors America, Inc. and Potamkin Chrysler Plymouth, Inc. d/b/a Potamkin Kia is terminated.

Filed July 7, 2010 11:27 AM Division of Administrative Hearings.

r

DONE AND ORDERED this/ day of July, 2010, in Tallahassee, Leon County, Florida.

Division of Motor Vehicles

Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

Filed with the Clerk of the

Divi f Motor Vehicles this day of July 2010.

N,,a,l-in'·i·.u0.-, Administrator

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 300

Miami, Florida 33137

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32312

Errol H. Powell Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Nalini Vinayak

Dealer License Section

Docket for Case No: 10-000648

Orders for Case No: 10-000648