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SUN SPORTS CYCLE AND WATERCRAFT, INC. vs DEHN ENTERPRISES, LLC D/B/A POWER LODGE FLORIDA AND YAMAHA MOTOR CORPORATION, U.S.A., 21-000810 (2021)

Court: Division of Administrative Hearings, Florida Number: 21-000810 Visitors: 44
Petitioner: SUN SPORTS CYCLE AND WATERCRAFT, INC.
Respondent: DEHN ENTERPRISES, LLC D/B/A POWER LODGE FLORIDA AND YAMAHA MOTOR CORPORATION, U.S.A.
Judges: JOHN D. C. NEWTON, II
Agency: Department of Highway Safety and Motor Vehicles
Locations: Fort Myers, Florida
Filed: Mar. 02, 2021
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 9, 2021.

Latest Update: Jun. 28, 2024
Summary:  STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES SUN SPORTS CYCLE AND WATERCRAFT, / INC., Petitioner, vs. HSMV Case No.: MS-21-038 DEHN ENTERPRISES, LLC d/b/a POWER DOAH Case No.: 21-0810 LODGE FLORIDA and YAMAHA MOTOR CORPORATION, U.S.A., Respondents.     FINAL ORDER This matter comes before the Department of Highway Safety
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STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES


SUN SPORTS CYCLE AND WATERCRAFT, INC.,



vs.

Petitioner,


HSMV Case No.: MS-21-038

DEHN ENTERPRISES, LLC d/b/a POWER LODGE FLORIDA and YAMAHA MOTOR CORPORATION, U.S.A.,


Respondents.

/

DOAH Case No.: 21-0810

FINAL ORDER NO.: 2021

HSMV-21-0274-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 April 9, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, and Petitioner’s Notice of Voluntary Dismissal, filed September 21, 2021, copies of which are attached and incorporated by reference in this order.

Petitioner’s protest having been withdrawn, and upon review of the record in the above- styled cause and being fully advised in the premises, the petition is DISMISSED, Respondents’ application is GRANTED, and the case is CLOSED. If the applicant meets all other requirements for licensure, the Bureau of Dealer Services may issue a license for the proposed relocation of Dehn Enterprises, LLC d/b/a Power Lodge Florida as a dealership for the sale of Yamaha motorcycles manufactured by Yamaha Motor Corporation, U.S.A. (line-make YAMA).

DONE AND ORDERED this 4th

Leon County, Florida.

day of

October

, 2021, at Tallahassee,


FILED DHSMV AGENCY CLERK OCT 04 2021

MS-21-038

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

Tallahassee, Florida 32399


Page 1 of 2

SUN SPORTS CYCLE AND WATERCRAFT, INC. v. DEHN ENTERPRISES, LLC d/b/a POWER LODGE FLORIDA & YAMAHA MOTOR CORPORATION, U.S.A.

HSMV Case No. MS-21-038 DOAH Case No. 21-0810


Filed October 4, 2021 4:15 PM Division of Administrative Hearings

COPIES FURNISHED this 4th

day of

October

, 2021, to:


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 btoney@dealerlawyer.com

Robert Craig Spickard, Esquire Kurkin Forehand Brandes LLP

1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 cspickard@kfb-law.com

awylie@kfb-law.com

John W. Forehand, Esquire Kurkin Forehand Brandes LLP

1089 West Morse Boulevard, Suite D Winter Park, Florida 32789-3772 jforehand@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 bev.cowart@nelsonmullins.com

Edward D. 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.


Page 2 of 2

SUN SPORTS CYCLE AND WATERCRAFT, INC. v. DEHN ENTERPRISES, LLC d/b/a POWER LODGE FLORIDA & YAMAHA MOTOR CORPORATION, U.S.A.

HSMV Case No. MS-21-038 DOAH Case No. 21-0810


Docket for Case No: 21-000810
Issue Date Proceedings
Oct. 04, 2021 Agency Final Order filed.
Apr. 09, 2021 Order Closing File and Granting Joint Motion to Remand Case to the Agency. CASE CLOSED.
Apr. 08, 2021 Joint Motion to Remand Case to the Agency filed.
Apr. 02, 2021 Notice of Telephonic Motion Hearing (motion hearing set for April 12, 2021; 10:00 a.m., Eastern Time).
Apr. 01, 2021 Order Granting Extension of Time.
Apr. 01, 2021 Yamaha's Third Unopposed Motion for Extension of Time filed.
Mar. 29, 2021 Petitioners' Notice of Serving Discovery filed.
Mar. 24, 2021 Second Order Granting Extension of Time.
Mar. 23, 2021 Second Unopposed Motion for Extension of Time filed.
Mar. 17, 2021 Notice of Hearing by Zoom Conference (hearing set for August 23 through 27, 2021; 9:00 a.m., Eastern Time).
Mar. 17, 2021 Order Granting Extension of Time.
Mar. 16, 2021 Unopposed Motion for Extension of Time filed.
Mar. 12, 2021 Notice of Appearance (Forehand) filed.
Mar. 12, 2021 Notice of Appearance (Spickard) filed.
Mar. 10, 2021 Joint Response to Initial Order filed.
Mar. 02, 2021 Initial Order.
Mar. 02, 2021 Notice of Publication filed.
Mar. 02, 2021 Petition Protesting Relocation of Dealerships Pursuant to Florida Statutes Section 320.642 filed.
Mar. 02, 2021 Agency referral filed.

Orders for Case No: 21-000810
Issue Date Document Summary
Oct. 04, 2021 Agency Final Order  
STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 
SUN SPORTS CYCLE AND WATERCRAFT, 
/ 
INC., 
Petitioner, 
vs. HSMV Case No.: MS-21-038 
DEHN ENTERPRISES, LLC d/b/a POWER DOAH Case No.: 21-0810 
LODGE FLORIDA and YAMAHA MOTOR 
CORPORATION, U.S.A., 
Respondents.    
 
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 April 9, 2021, by the Honorable John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, and Petitioner’s Notice of Voluntary Dismissal, filed September 21, 2021, copies of which are attached and incorporated by reference in this order. 
Petitioner’s protest having been withdrawn, and upon review of the record in the abovestyled cause and being fully advised in the premises, the petition is DISMISSED, Respondents’ application is GRANTED, and the case is CLOSED. If the applicant meets all other requirements for licensure, the Bureau of Dealer Services may issue a license for the proposed relocation of Dehn Enterprises, LLC d/b/a Power Lodge Florida as a dealership for the sale of Yamaha motorcycles manufactured by Yamaha Motor Corporation, U.S.A. (line-make YAMA). 
DONE AND ORDERED this _____ day of __________, 2021, at Tallahassee,
4th October 
Leon County, Florida. 
 Robert Kynoch, Director of Motorist Services 
 Department of Highway Safety and Motor Vehicles  
2900 Apalachee Parkway Tallahassee, Florida 32399 
Page 1 of 2 SUN SPORTS CYCLE AND WATERCRAFT, INC. v. DEHN ENTERPRISES, LLC d/b/a POWER LODGE FLORIDA & YAMAHA MOTOR CORPORATION, U.S.A. HSMV Case No. MS-21-038 DOAH Case No. 21-0810 
 
COPIES FURNISHED this _____ day of __________, 2021, to:
4th October 
Nicholas A. Bader, Esquire John W. Forehand, Esquire 
Bass Sox Mercer Kurkin Forehand Brandes LLP 
2822 Remington Green Circle 1089 West Morse Boulevard, Suite D 
Tallahassee, Florida 32308-3769 Winter Park, Florida 32789-3772 
nbader@dealerlawyer.com jforehand@kfb-law.com 
hhodges@dealerlawyer.com awylie@kfb-law.com 
Micah A. Andrews, Esquire J. Andrew Bertron, Esquire 
Bass Sox Mercer Nelson Mullins Riley & Scarborough LLP 
2822 Remington Green Circle 215 South Monroe Street, Suite 400 
Tallahassee, Florida 32308-3769 Tallahassee, Florida 32301-1804 
mandrews@dealerlawyer.com andy.bertron@nelsonmullins.com 
btoney@dealerlawyer.com bev.cowart@nelsonmullins.com 
Robert Craig Spickard, Esquire Edward D. Broyles, Chief of Dealer Services 
Kurkin Forehand Brandes LLP Department of Highway Safety 
1089 West Morse Boulevard, Suite D and Motor Vehicles 
Winter Park, Florida 32789-3772 Neil Kirkman Building, Room A -312 
cspickard@kfb-law.com 2900 Apalachee Parkway, MS 65 
awylie@kfb-law.com 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. 
Page 2 of 2 SUN SPORTS CYCLE AND WATERCRAFT, INC. v. DEHN ENTERPRISES, LLC d/b/a POWER LODGE FLORIDA & YAMAHA MOTOR CORPORATION, U.S.A. HSMV Case No. MS-21-038 DOAH Case No. 21-0810
Source:  Florida - Division of Administrative Hearings

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