STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

IN RE: MASERATI DEALER AGREEMENT MODIFICATION CASES

                                                                           /

FINAL ORDER

HSMV Case No.: MS-17-2369 DOAH Case Nos. 17-1766,

17-1771, and 17-1804

through 17-1807

FINAL ORDER NO : 2021

HSMV-21-0073-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles upon Petitioners’ Notice of Withdrawing Protests, filed April 8, 2021.

On March 31, 2017, the Honorable J. Lawrence Johnston, Administrative Law Judge of the Division of Administrative Hearings entered an Order of Consolidation pursuant to which DOAH Case Nos. 17-1766, 17-1767, 17-1771, 17-1804, 17-1805, 17-1806, and 17-1807 were

consolidated under the above style. On April 7, 2017, upon joint motion of the parties, Judge Johnston entered an Order Closing Files and Relinquishing Jurisdiction to the Department, and the consolidated cases were collectively assigned HSMV Case No. MS-17-2369.

On April 5, 2018, Petitioner JACASA INC. d/b/a WILDE MASERATI OF SARASOTA, filed its Notice of Withdrawal, and, on July 31, 2018, the Department issued Final Order No. HSMV-18-1087-FOI-MS dismissing the petition in DOAH Case No. 17-1767. At the request of the parties, the Department has held the remaining cases (DOAH Case Nos. 17-1766, 17-1771, 17-1804, 17-1805, 17-1806, and 17-1807) in abeyance, allowing the parties an opportunity to conclude settlement negotiations. By their Notice of Withdrawing Protests, which is attached and incorporated into this order, Petitioners in the remaining causes now withdraw their protests:

• HANANIA FOP, LLP v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1766);

• REEVES IMPORT MOTORCARS, INC. v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1771);

• RICK CASE WESTON, LLC d/b/a RICK CASE MASERATI v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1804);

• TAMPA BAY LUXURY IMPORTS, LLC d/b/a MASERATI OF ST. PETERSBURG

  v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1805);

• THE COLLECTION, LLC d/b/a THE MASERATI COLLECTION v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1806); and

• TT OF NAPLES, INC. d/b/a MASERATI OF NAPLES v. MASERATI NORTH AMERICA, INC. (DOAH Case No. 17-1807).

Page 1 of 3

IN RE: MASERATI DEALER AGREEMENT MODIFICATION CASES HSMV Case Nos. MS-17-2369

DOAH Case Nos. 17-1766, 17-1771, and 17-1804 through 17-1807

Filed April 12, 2021 9:04 AM Division of Administrative Hearings

Petitioners’ protests having been withdrawn, and upon review of the record in the above- styled causes and being fully advised in the premises,

It is ORDERED that:

1. The petitions in DOAH Case Nos. 17-1766, 17-1771, 17-1804, 17-1805, 17-1806, and 17-1807 are DISMISSED;

1. Petitioners’ pending Motion for Leave to File Amended Petition, filed July 3, 2018, is DENIED as moot; and

2. HSMV Case No. MS-17-2369 is CLOSED.

DONE AND ORDERED this 12th day of April          , 2021, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK APR 12 2021

MS-17-2369

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

Tallahassee, Florida 32399

COPIES FURNISHED this 12th day of April          , 2021, to:

Nicholas A. Bader, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 nbader@dealerlawyer.com

Richard N. Sox, Esquire Bass Sox Mercer

2822 Remington Green Circle Tallahassee, Florida 32308-3769 rsox@dealerlawyer.com

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough LLP 215 South Monroe Street, Suite 400

Tallahassee, Florida 32301-1804 andy.bertron@nelsonmullins.com bev.cowart@nelsonmullins.com

Edward D. Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312 2900 Apalachee Parkway, MS 65

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov

Page 2 of 3

IN RE: MASERATI DEALER AGREEMENT MODIFICATION CASES HSMV Case Nos. MS-17-2369

DOAH Case Nos. 17-1766, 17-1771, and 17-1804 through 17-1807

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in

§ 120.68, Fla. Stat., and Fla. R. App. P. 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 Fla. R. App. P. 9.110(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 by 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 OGCFiling@flhsmv.gov.

Page 3 of 3

IN RE: MASERATI DEALER AGREEMENT MODIFICATION CASES HSMV Case Nos. MS-17-2369

DOAH Case Nos. 17-1766, 17-1771, and 17-1804 through 17-1807

FILED FLHSMV AGENCY CLERK

DocuSign Envelope ID: FEC66095-8786-4C71-A2DA-4E6BDB52179E

APR 08 2021 MS-17-2369

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

IN RE: MASERATI DEALER AGREEMENT MODIFICATION CASES,

Petitioners,

vs.

MASERATI NORTH AMERICA, INC.,

Respondent.

                                                           /

HSMV Case No.: MS-17-2369 DOAH Case Nos: 17-1766,

17-1771, and 17-1804

Through 17-1807

PETITIONERS’ NOTICE OF WITHDRAWING PROTESTS

PLEASE TAKE NOTICE that Petitioners, Reeves Import Motorcars Inc., Tampa Bay Luxury Imports, LLC d/b/a Maserati of St. Petersburg, Hanania FOP, LLC d/b/a Maserati of Jacksonville, TT of Naples Inc. d/b/a Maserati of Naples, The Collection LLC d/b/a The Maserati Collection, and Rick Case Weston LLC d/b/a Rick Case Maserati hereby withdraw their protests in the above referenced matter with each party to bear its own fees and costs.

Dated: April 8, 2021.

BASS SOX MERCER

/s/ Nicholas A. Bader             Richard N. Sox (FBN 982156) rsox@dealerlawyer.com Nicholas A. Bader (FBN 55351) nbader@dealerlawyer.com 2822 Remington Green Circle Tallahassee, Florida 32308

T: 850.878.6404

DocuSign Envelope ID: FEC66095-8786-4C71-A2DA-4E6BDB52179E

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of this Petitioners’ Notice of Withdrawal has been furnished by electronic mail to Andy Bertron, Nelson Mullins Riley & Scarborough, LLP andy.bertron@nelsonmullins.com and via email to Joseph Gillespie, Florida Department of Highway Safety and Motor Vehicles, joegillespie@flhsmv.gov, ogcfiling@flhamv.gov, this 8th day of April, 2021.

/s/ Nicholas A. Bader                          

2

Docket for Case No: 17-001806

Orders for Case No: 17-001806