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MOTORCYCLE MANAGEMENT CONCEPTS, LLC, D/B/A EURO CYCLES OF TAMPA BAY vs NEXT RIDE, LLC D/B/A NEXT RIDE AND PIAGGIO GROUP AMERICAS, INC., 20-002509 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002509 Visitors: 38
Petitioner: MOTORCYCLE MANAGEMENT CONCEPTS, LLC, D/B/A EURO CYCLES OF TAMPA BAY
Respondent: NEXT RIDE, LLC D/B/A NEXT RIDE AND PIAGGIO GROUP AMERICAS, INC.
Judges: LINZIE F. BOGAN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tallahassee, Florida
Filed: Jun. 01, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, September 18, 2020.

Latest Update: Nov. 16, 2024
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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


MOTORCYCLE MANAGEMENT CONCEPTS LLC d/b/a EURO CYCLES OF TAMPA BAY,

Petitioner, HSMV Case No.: MS-20-323

vs.

NEXT RIDE, LLC d/b/a NEXT RIDE and PIAGGIO GROUP AMERICAS, INC.,

Respondents.

/

DOAH Case No.: 20-2509


FINAL ORDER NO.:

HSMV-20-0425-FOI-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 the Order Closing File and Relinquishing Jurisdiction issued September 18, 2020, by the Honorable Linzie F. Bogan, Administrative Law Judge of the Division of Administrative Hearings, based on Respondent’s September 10, 2020, withdrawal of its notice of intention to establish Next Ride, LLC d/b/a Next Ride as a dealership for the sale of motorcycles manufactured by Piaggio Group Americas, Inc. (line-make PIAG) and Petitioner’s Motion to Dismiss as Moot, filed September 17, 2020.

Respondents’ application for the proposed new point franchise location having been withdrawn, the petition is moot. Accordingly, the petition is DISMISSED, and the case is CLOSED. If Respondents subsequently reapply for this franchise location, notice of a new application must be published in the Florida Administrative Register pursuant to § 320.642(1), Fla. Stat.



Page 1 of 2

MOTORCYCLE MANAGEMENT CONCEPTS LLC d/b/a EURO CYCLES OF TAMPA BAY v. NEXT RIDE, LLC d/b/a NEXT RIDE & PIAGGIO GROUP AMERICAS, INC.

HSMV Case No. MS-20-323 DOAH Case No. 20-2509


Filed October 8, 2020 9:36 AM Division of Administrative Hearings


DONE AND ORDERED this

Leon County, Florida.

8th

day of

October

, 2020, at Tallahassee,


FILED FLHSMV AGENCY CLERK OCT 08 2020

MS-20-323

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

Tallahassee, Florida 32399


COPIES FURNISHED this 8th

day of October

, 2020, to:

John H. Forehand, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

Tallahassee, Florida 32309-1860 jforehand@kfb-law.com awylie@kfb-law.com

Giuliana Franceschini Piaggio Group Americas, Inc.

257 Park Avenue South, 4th Floor New York, New York 10010-7304

Trever Varney

Next Ride, LLC d/b/a Next Ride 7202 Adamo Drive

Tampa, Florida 33619-3411

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 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.


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MOTORCYCLE MANAGEMENT CONCEPTS LLC d/b/a EURO CYCLES OF TAMPA BAY v. NEXT RIDE, LLC d/b/a NEXT RIDE & PIAGGIO GROUP AMERICAS, INC.

HSMV Case No. MS-20-323 DOAH Case No. 20-2509


Docket for Case No: 20-002509
Issue Date Proceedings
Oct. 08, 2020 Agency Final Order filed.
Sep. 18, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Sep. 17, 2020 Motion to Dismiss as Moot filed.
Sep. 17, 2020 Letter from Trever Varney Regarding Withdrawl of Application filed.
Sep. 16, 2020 Notice of Ex Parte Communication.
Sep. 14, 2020 Letter from Piaggio Group Americas, Inc. Regarding Intent to Withdraw Notice of Intent filed.
Sep. 01, 2020 Order Granting Petitioner's Motion to Compel Discovery Responses.
Aug. 18, 2020 Petitioner's Motion to Compel Discovery Responses filed.
Jun. 18, 2020 Order of Pre-hearing Instructions.
Jun. 18, 2020 Notice of Hearing (hearing set for January 11 through 15, 2021; 9:00 a.m.; Tallahassee).
Jun. 08, 2020 Petitioner's Response to Initial Order filed.
Jun. 01, 2020 Initial Order.
Jun. 01, 2020 Agency action letter filed.
Jun. 01, 2020 Amended Petition or Complaint Protesting Additional Piaggio and Vespa Dealership filed.
Jun. 01, 2020 Agency referral filed.

Orders for Case No: 20-002509
Issue Date Document Summary
Oct. 08, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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