STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

N.S.S. ACQUISITION CORP. d/b/a BEV SMITH TOYOTA,

Petitioner,

vs.

SOUTHEAST TOYOTA DISTRIBUTORS, LLC,

HSMV Case Nos.: MS-19-481 DOAH Case Nos.: 19-4157

Respondent.

/

FINAL ORDER

FINAL ORDER NO.:

HSMV-19-0744-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 the Order Closing File and Relinquishing Jurisdiction issued September 25, 2019, by the Honorable Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, based on the Petitioner’s Notice of Withdrawing Protest filed September 5, 2019, copies of which are attached and incorporated by reference in this order.

The Petitioner’s protest having been withdrawn, the petition is DISMISSED and the case is CLOSED.

DONE AND ORDERED this 4th

County, Florida.

day of October

, 2019, at Tallahassee, Leon

FILED FLHSMV AGENCY CLERK OCT 04 2019

MS-19-481

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

Tallahassee, Florida 32399

Page 1 of 3

COPIES FURNISHED this 4th _ day of October , 2019, to:

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

Room A432, Mail Stop 2 2900 Apalachee Parkway

Tallahassee, Florida 32399-0504 ogcfiling@flhsmv.gov joegillespie@flhsmv.gov

Micah A. Andrews, Esquire Bass Sox & Mercer, P.A.

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

Robert W. Costa

Southeast Toyota Distributors, LLC 100 Jim Moran Boulevard

Deerfield Beach, Florida 33442-1702

Richard N. Sox, Esquire Bass Sox & Mercer, P.A.

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

C. Everett Boyd, Esquire

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

Tallahassee, Florida 32301-1804 everett.boyd@nelsonmullins.com kathi.mcmillan@nelsonmullins.com

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

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

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 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 9.110(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.

Docket for Case No: 19-004157

Orders for Case No: 19-004157