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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

NORTH FLORIDA CYCLES, LLC, d/b/a FIRST COAST ST. AUGUSTINE,

Petitioner,

V.

FINAL ORDER NO. :

HSMV-17-0664- A-.5 -MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

HSMV CASE NO.: MS-17-2284 DOAH CASE NO: 15-3947

YAMAHA MOTOR CORPORATION,

U.S.A,

Respondent.

                                                                                             I

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by the Honorable Suzanne Van Wyk, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this Order.

The parties having reached a settlement, Petitioner has withdrawn its Petition for Hearing. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter.

Accordingly, it is hereby ORDERED that this case is closed.

  l

DONE AND ORDERD this IJ1

day of November, 2017.

Robert Kynoch, D ector of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

Filed November 14, 2017 11:35 AM Division of Administrative Hearings

Page 2 Cofop6ies furnished on 11!'1: , J1     ....... , 2017 to:

Joseph R Gillespie, Agency Oetk Department of Highway Safety and Motor Vehicles

Room A432, Mail Stop 2

2900 Apalachee Paikway Tallahassee, Florida 32399 joegillespie@flhv.gov;ogcfiling@flhsmv.gov

Nicole R. Mancusi

Yamaha Motor Corporation, U.S.A. 1270 Chastain Road

Kennesaw, Georgia 30144

C. Everett Boyd, Esquire

Nelson Mullins Riley & Scarborough, LLP Suite 202

3600 Maclay Boulevard South Tallahassee, Florida 32312 everett.boyd@nelsonmullins.com kathi.mcmillan@nelsonmullins.com

Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP Suite 850

315 South Calhoun Street Tallahassee, Florida 32301

First Coast Suzuki

1860 North Ponce De Leon Boulevard St. Augustine, Florida 32084

Albert T. Gimbel, Esquire Messer Caparello, P.A.

2618 Centennial Place Post Office Box 15579

Tallahassee, Florida 32308

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP Suite202

3600 MacClay Boulevard South Tallahassee, Florida 32312 Andy.bertron@,nelsonmullins.com

Page 3 of 6 NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.1 l0(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department's Agency Clerk may be accomplished via U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGFiling@flhsmv.gov.

Docket for Case No: 15-003947

Orders for Case No: 15-003947