STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

STUART HYUNDAI, LLC d/b/a WALLACE HYUNDAI,

Petitioner,

vs.

S. WOODS ENTERPRISES, INC. d/b/a TREASURE COAST HYUNDAI and HYUNDAI MOTOR AMERICA CORPORATION,

Respondents.

/

HSMV Case No.: MS-20-398 DOAH Case No.: 20-4634

FINAL ORDER NO.:

HSMV-20-0458-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 November 18, 2020, by the Honorable Darren A. Schwartz, Administrative Law Judge of the Division of Administrative Hearings, based on Respondent’s November 12, 2020, withdrawal of its notice of intention to establish S. Woods Enterprises, Inc. d/b/a Treasure Coast Hyundai as a dealership for the sale of automobiles manufactured by Hyundai Motor America Corporation (line-make HYUN) and Respondent’s Motion to Dismiss as Moot, filed November 18, 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Respondents’ application for the proposed new point franchise location having been withdrawn, the petition is moot.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 3

STUART HYUNDAI, LLC d/b/a WALLACE HYUNDAI v. S. WOODS ENTERPRISES, INC. d/b/a TREASURE COAST HYUNDAI & HYUNDAI MOTOR AMERICA CORPORATION

HSMV Case No. MS-20-398 DOAH Case No. 20-4634

Filed November 30, 2020 10:23 AM Division of Administrative Hearings

DONE AND ORDERED this

Leon County, Florida.

30th

day of

November , 2020, at Tallahassee,

FILED FLHSMV AGENCY CLERK NOV 30 2020

MS-20-398

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

Tallahassee, Florida 32399

COPIES FURNISHED this 30th

day of November

, 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

Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP

315 South Calhoun Street, Suite 850

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

Sanford L. Woods, Sr.

S. Woods Enterprises, Inc. d/b/a Treasure Coast Hyundai 32 East High Point Road Stuart, Florida 34996-7002

swoods@treasurecoastlexus.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

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.

Docket for Case No: 20-004634

Orders for Case No: 20-004634