STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

BIRD AUTOMOTIVE, LLC d/b/a BIRD ROAD SUBARU,

Petitioner,

vs.

SUBARU OF AMERICA, INC.,

Respondent.

/

FINAL ORDER

HSMV Case No.: MS-19-006 DOAH Case No.: 19-0307

FINAL ORDER NO.:

HSMV-20-0423-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of Petitioner’s Dismissal with Prejudice, filed September 30, 2020, a copy of which is attached and incorporated by reference. On January 18, 2019, the Department referred this matter to the Division of Administrative Hearings (DOAH). The parties filed a Joint Motion to Relinquish Jurisdiction to Agency on February 13, 2019, requesting that DOAH relinquish jurisdiction so the case could be placed in abeyance while the parties engaged in settlement negotiations. On February 13, 2019, the Honorable Mary Li Creasy, Administrative Law Judge of the Division of Administrative Hearings, issued the Order Closing File and Relinquishing Jurisdiction back to the Department.

Petitioner’s protest having now been withdrawn, and upon review of the record in the above-styled case and being fully advised in the premises, the petition is DISMISSED. Accordingly, it is ORDERED that the case is CLOSED.

DONE AND ORDERED this 7th day of October , 2020, at Tallahassee, Leon County, Florida.

FILED DHSMV AGENCY CLERK OCT 07 2020

MS-19-006

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

Tallahassee, Florida 32399

COPIES FURNISHED this 7th day of October , 2020, to:

John W. Forehand, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301-1860 jforehand@kfb-law.com awylie@kfb-law.com

R. Craig Spickard, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32301-1860 cspickard@kfb-law.com awylie@kfb-law.com

J. Andrew Bertron, Esquire

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

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

Michael J. Hafertepe Subaru of America, Inc.

3 Executive Campus, Suite 170 Cherry Hill, New Jersey 08002-4125

Ed 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

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.

DocuSign EFnIvLeEloDpe IFDL: 6HCS4M6VB09A7G-6E5N85C-Y440C5L-BEAREKE-05997962BBCC

SEP 30 2020 MS-19-006

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

BIRD AUTOMOTIVE, LLC, d/b/a BIRD ROAD SUBARU,

Petitioner,

HSMV Case No. MS-19-006

v. DOAH Case No. 19-0307

SUBARU OF AMERICA, INC.,

Respondent.

/

DISMISSAL WITH PREJUDICE

Petitioner, BIRD AUTOMOTIVE, INC, d/b/a BIRD ROAD SUBARU ("Bird Road"), hereby withdraws and dismisses with prejudice its Petition for Determination of Unfair Discontinuation pursuant to section 320.641(3), Florida Statutes, and requests that the Department enter a final order dismissing the petition and closing this case.

Dated this 30th day of September, 2020.

/s/John W. Forehand John W. Forehand

jforehand@kfb-law.com

R. Craig Spickard cspickard@kfb-law.com Kurkin Forehand Brandes LLP

315 S. Calhoun Street, Suite 850

Tallahassee, FL 32301

Telephone: (850) 391-5060

Facsimile: (850) 391-2645

Attorneys for Petitioner

DocuSign Envelope ID: 6C46B097-6585-4405-BAEE-05997962BBCC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail to Joseph Gillespie, Florida Department of Highway Safety & Motor Vehicles, (joegillespie@flhsmv.gov) (ogcfiling@flhsmv.gov), and J. Andrew Bertron, Nelson Mullins Broad & Cassel, abertron@nelsonmullins.com, this 30th day of September, 2020.

/s/John W. Forehand

Docket for Case No: 19-000307

Orders for Case No: 19-000307