STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEIDCLES

POMPANO IMPORTS, INC. d/b/a VISTA BMW,

Petitioner,

vs. HSMV Case No.: MS-17-1253

DOAH Case Nos.: 17-4976

BMW OF NORTH AMERICA, LLC,

Respondent.

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Fl NAL ORDER NO. :

HSMV-18-0728- f0 .!'"-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of an Order Closing File and Relinquishing Jurisdiction issued April 19, 2018, by the Honorable Mary Li Creasy, 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 filed a joint Stipulation of Withdrawal of the petition with prejudice on April 18, 2018, the Department hereby adopts the Order Closing File and Relinquishing Jurisdiction. Accordingly, it is ORDERED that the case is CLOSED.

DONE AND ORDERED thisr     day of May, 2018.

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

Tallahassee, Florida 32399

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POMPANO IMPORTS, INC. d/b/a VISTA BMW v. BMW OF NORTH AMERICA, LLC HSMV Case No. MS-17-1253

DOAH Case No. 17-4976

Filed May 7, 2018 12:29 PM Division of Administrative Hearings

COPIES FURNISHED this 71t1day of May, 2018, to:

William Benson, Esquire Seyfarth Shaw LLP

Two Seaport Lane, Suite 300 Boston, Massachusetts 02210 wbenson @seyfarth.com go1eary@seyfarth.com

John W. Forehand, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301 jforehand@kfb-law.com awylie@kfb-law.com

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

Room A432, Mail Stop 2 2900 Apalachee Parkway

Tallahassee, Florida 32399 ogcfiling@flhsmv. gov joegillespie@flhsmv.gov

John R. Skelton, Esquire Seyfarth Shaw LLP

Two Seaport Lane, Suite 300 Boston, Massachusetts 02210 jskelton@seyfarth.com

Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301 cspickard@kfb-law.com awylie@kfb-law.com

Palmer Brand

Department of Highway Safety and Motor Vehicles

Room A-312, Mail Stop 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-3650 palmerbrand@flhsmv.gov

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 ofrendition 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.

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POMPANO IMPORTS, INC. d/b/a VISTA BMW v. BMW OF NORTH AMERICA, LLC HSMV Case No. MS-17-1253

DOAH Case No. 17-4976

Docket for Case No: 17-004976

Orders for Case No: 17-004976