STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 10-8969 DMV CASE NO.: 10-1286

FINAL ORDER#: HSMV-10- /Z$f-S-DMV

MITSUBISHI MOTORS NORTH AMERICA, INC. AND HMWP, INC. d/b/a WINTER PARK MITSUBISHI,

Petitioners,

vs.

COLONIAL IMPORTS, LTD. d/b/a SPORT MITSUBISHI,

Respondent.

                                                                                            .!

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Elizabeth W. McArthur, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Withdrawal of Notice of Establishment and Motion to Dismiss, 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 Mitsubishi Motors North America, Inc. and HMWP, Inc. d/b/a Winter Park Mitsubishi to sell automobiles of the line-make Mitsubishi (MITS) at 1970 Semoran Boulevard, Winter Park (Seminole County), Florida 32792.

Filed October 14, 2010 8:00 AM Division of Administrative Hearings.

DONE AND ORDERED this of October, 2010, in Tallahassee, Leon County, Florida.

c                                              

Division of Motor Vehicles Department of Highway Safety and Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399

/5th

Filed with the Clerk of the Division of Motor Vehicles

this day of October, 2010.

u    DeW 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:

J. Andrew Bertron, Esquire

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

Tallahassee, Florida 32312

John W. Forehand, Esquire Kurkin, Forehand, Brandes, LLP 800 North Calhoun Street, Suite lB Tallahassee, Florida 32303

Juliette E. Holler-Rogers HMWP, Inc.

1011 North Wymore Road Winter Park, Florida 32789

Elizabeth W. McArthur Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Nalini Vinayak

Dealer License Administrator

Docket for Case No: 10-008969

Orders for Case No: 10-008969