STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

BELLA AUTOMOTIVE GROUP, LTD. d/b/a HEADQUARTER TOYOTA,

Petitioner, HSMV Case No.: MS-19-480

vs.

SOUTHEAST TOYOTA DISTRIBUTORS, LLC and TOYOTA MOTOR SALES, U.S.A., INC.

Respondents.

/

FINAL ORDER

DOAH Case No.: 19-5340

FINAL ORDER NO.:

HSMV-20-0265-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 April 29, 2020, by the Honorable Robert E. Meale, Administrative Law Judge of the Division of Administrative Hearings, based on the Petitioner’s Notice of Dismissal with Prejudice filed April 7, 2020, copies of which are attached and incorporated by reference in this order.

The Petitioner’s protest having been dismissed, and upon review of the record in the above- styled cause and being fully advised in the premises, the Department dismisses the petition. Accordingly, it is ORDERED that the case is CLOSED.

DONE AND ORDERED this 4th day of May , 2020, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK MAY 04 2020

MS-19-480

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

Tallahassee, Florida 32399

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BELLA AUTOMOTIVE GROUP, LTD. d/b/a HEADQUARTER TOYOTA v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC & TOYOTA MOTOR SALES, U.S.A., INC.

HSMV Case No. MS-19-480 DOAH Case No. 19-5340

Filed May 4, 2020 9:55 AM Division of Administrative Hearings

COPIES FURNISHED this 4th day of May , 2020, 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

Nicholas A. Bader, Esquire Bass Sox Mercer

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

Micah A. Andrews, Esquire Bass Sox Mercer

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

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BELLA AUTOMOTIVE GROUP, LTD. d/b/a HEADQUARTER TOYOTA v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC & TOYOTA MOTOR SALES, U.S.A., INC.

HSMV Case No. MS-19-480 DOAH Case No. 19-5340

Docket for Case No: 19-005340

Orders for Case No: 19-005340