The Issue The issue is whether Petitioners are entitled to motor vehicle dealerships that are proposed to be located in Orange County, Florida.
Findings Of Fact Based on the Notices of Publication, Respondent's protest letters which were forwarded to DOAH, and the testimony presented at the final hearing, the following Findings of Fact are made: Respondent is an existing franchised dealer for motorcycles manufactured by Benzhou Vehicle Industry Group Company, Ltd. Petitioners have proposed the establishment of new dealerships to sell the same line-make of motorcycles as those sold by Respondent. Respondent's dealership is located at 3838 John Young Parkway, Orlando, Orange County, Florida. Petitioners' dealerships are proposed to be located in Orange County, Florida, at: 4535 34th Street, Orlando, Florida (Case No. 09-3489); and 2650 West Fairbanks Avenue, Winter Park, Florida (Case Nos. 09-3499 and 09-4750). The proposed dealerships are within a 12.5-mile radius of Respondent's dealership. Respondent has standing to protest the establishment of the proposed dealerships. No evidence was presented showing that Respondent was "not providing adequate representation" of the same line-make vehicles in the community or territory.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Highway Safety and Motor Vehicles enter a final order denying the establishment of Petitioners' proposed franchise dealerships for Case Nos. 09-3489, 09-3499, and 09-4750. DONE AND ENTERED this 12th day of November, 2009, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of November, 2009. COPIES FURNISHED: Electra Theodorides-Bustle, Executive Director Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Robin Lotane, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Jennifer Clark Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-308 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Jude A. Mitchell Jude's Cycle Service Post Office Box 585574 Orlando, Florida 32858 Beverly Fox Red Streak Scooters, LLC 427 Doughty Boulevard Inwood, New York 11096 Randy Lazarus Scooter City USA, LLC 4535 34th Street Orlando, Florida 32811 Bobbette Lynott Classic Motorcycles and Sidecars, Inc. Post Office Box 969 Preston, Washington 98050 Lou Ronka Scooter City USA, LLC 2650 West Fairbanks Avenue Winter Park, Florida 32789
Conclusions This matter came before the Department for entry of a Final Order upon submission of a Recommended Order of Dismissal by Administrative Law Judge Jeff B. Clark, of the Division of Administrative Hearings, pursuant to non-compliance to the requirements set out in the Order to Show Cause-—for both parties to file responses no later than August 7, 2009 as to why this matter should not be closed based on lack of response to the Initial Order. The Department hereby adopts the Recommended Order of Dismissal as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and no license will be issued to Galaxy Powersports, LLC d/b/a JCL International, LLC and Wild Hogs Scooters and Motorsports, LLC to sell motorcycles manufactured by Taizhou Zhongneng Motorcycle Co. Ltd. (ZHNG) at 3311 West Lake Mary Boulevard, Lake Mary (Seminole County), Florida 32746. DONE AND ORDERED this /7“ day of September, 2009, in Tallahassee, Leon County, Florida. L A. FORD, Direct Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this_/D#}) day of September, 2009. - Vinayak, Dealer Administrator NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAFivlg Copies furnished: Leo Su Galaxy Powersports, LLC d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229 Jason Rupp Wild Hogs Scooters and Motorsports, LLC 8181 Via Bonita Street Sanford, Florida 32771 James Sursely Action Orlando Motorsports 306 West Main Street Apopka, Florida 32712 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A432 Tallahassee, Florida 32399 Jeff B. Clark Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602
Conclusions This matter came before the Department for entry of a Final Order upon submission of a Recommended Order by Carolyn S. Holified, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order'. The Department hereby adopts the Recommended Order as its Final Order in this matter. Accordingly, it is ORDERED and ADJUDGED that Petitioner, McNamara Pontiac, Inc., d/b/a McNamara Pontiac Buick-GMC, be granted a license as a franchised Pontiac, Buick and GMC dealer at ' Respondents, Fountain Oldsmobile GMC, Orange Buick GMC, Courtesy Buick and Courtesy Pontiac-GMC , filed exceptions to the Recommended Order. These exceptions are ruled on in the Appendix to this Order. 11500 East Colonial Boulevard, Orlando, (Orange County), Florida, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 4S = day of July, 2004, in Tallahassee, Leon County, Florida. A. FORD, Dire€tor Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division otor Vehicles this /S°=_ day of July, 2004. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. Copies furnished: Fred J. Lotterhos, III, Esquire Holland & Knight, LLP 50 North Laura Street, Suite 3900 Jacksonville, Florida 32202 James D. Adams, Esquire Adams & Quinton, P.A. 80 S.W. 8" Street, Suite 2150 Miami, Florida 33130 Daniel Myers, Esquire J. Martin Hayes, Esquire Myers & Fuller, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Carolyn S. Holifield Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Ronald Reynolds Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 GENERAL MOTORS CORPORATION AND MCNAMARA PONTIAC, INC., d/b/a MCNAMARA PONTIAC BUICK-GMC, Petitioners, vs. Case No. 03-1322 : oD, COURTESY BUICK, Respondent. GENERAL MOTORS CORPORATION AND MCNAMARA PONTIAC, INC., d/b/a MCNAMARA PONTIAC BUICK-GMC, Petitioners, vs. Case No. 03-1323 ORANGE BUICK-GMC, Respondent. / APPENDIX TO FINAL ORDER RULING ON RESPONDENT’S EXCEPTIONS TO RECOMMENDED ORDER Ruling on Exceptions to Findings of Fact 19, Rejected. The finding is based on competent substantial evidence. 23. Rejected. The finding is based on competent substantial evidence. 24. Rejected. The finding is based on competent substantial evidence. 25. Rejected. The finding is based on competent substantial evidence. 26. Rejected. The finding is based on competent substantial evidence. 27. Rejected. The finding is based on competent substantial evidence. 28. Rejected. The finding is based on competent substantial evidence. 29. Rejected. The finding is based on competent substantial evidence. 40. 46. 61. 125. Rejected. The finding is based on competent substantial evidence. Rejected. The finding is based on competent substantial evidence. Rejected. The finding is based on competent substantial evidence. Ruling on Exception to Conclusions of Law Rejected. The conclusion of law is legally correct.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by James H. Peterson, Il, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Withdrawal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED and ADJUDGED that Petitioner, First Coast CIDR LLC, be granted a license for the sale of automobiles of the line-make Dodge (DODG) at 10979 Atlantic Boulevard, Jacksonville (Duval County), Florida 32225, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed August 6, 2010 3:47 PM Division of Administrative Hearings. DONE AND ORDERED this Yin, of August 2010, in Tallahassee, Leon County, L A. FORD, LES Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Florida. Filed with the Clerk of the Division of Motor Vehicles this day of August 2010. . . Vinayak, Administrator NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAF/vlg Copies furnished: C. Everett Boyd, Esquire Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Dean Bunch, Esquire Nelson Mullins Riley & Scarborough LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Benjamin C. Moore, Esquire St. Denis & Davey, P. A. 1300 Riverplace Boulevard, Suite 101 Jacksonville, Florida 32207 James H. Peterson, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Linzie F. Bogan, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed February 14, 2013 7:46 AM Division of Administrative Hearings DONE AND ORDERED this i) day of February, 2013, in Tallahassee, Leon County, Florida. Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this | 3 day of February, 2013. Ves Seas Zz Y. a4 Ls 4 Nalini Vinayak, Dealer Eicense Adminictra*>- NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jdce Copies furnished: J. Andrew Bertron, Esquire Nelson, Mullins, Riley and Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Andy.bertron@nelsonmullins.com Mark L. Ornstein, Esquire Kilgore, Pearlman, Stamp, Ornstein and Squires, P.A. Post Office Box 1913 Orlando, Florida 32802 mmckinnie@kpsos.com Linzie F. Bogan Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is recommended that respondent Department of Highway Safety and Motor Vehicles enter a final order granting the application of petitioner Naughton Chrysler- Plymouth and Dodge, Inc., for a motor vehicle dealer license. RECOMMENDED this 18th day of September, 1985, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of September, 1985.
Findings Of Fact Dealer has been engaged in the retail sales of motor vehicles for over fifteen years. In addition to Manufacturer's products, Dealer is franchised to sell GMC products and does so at the same location. Prior to 1967, Hunt Truck Sales was the franchised Jeep dealer in the Pinellas County, Florida, area. The original franchise agreement was with Kaisar Jeep Sales Corporation whose operations were subsequently taken over by Manufacturer. During the year 1967, the franchise was assumed by Dealer based, in part, on the understanding that one W. C. Mosely actively and substantially participate in the ownership and operation of the business. Mosely signed as Vice-President of Dealer corporation on the original franchise agreement dated October 23, 1967. A new dealer advance information and facilities report dated November 1, 1967, reflects that F. R. Hunt, Sr., owned 70 percent of Dealer corporation, Mosely 25 percent and J. R. Johnson 5 percent. A similar report dated February 22, 1971, shows Frank Hunt, Jr., 75 percent, and Mosely 25 percent. In the first report, Mosely is listed as Vice-President and in the second, as President. Frank Hunt, Jr.'s 75 percent consists of stock he controls as executor of his father's, Frank Hunt, Sr.'s, estate. In 1971, Manufacturer purchased all Jeep operations from Kaiser. The name was subsequently changed to Jeep Sales Corporation. On August 3, 1972, Dealer and Manufacturer entered into a new Dealer Franchise Agreement reflecting Mosely as 100 percent owner and President. No written permission for the ostensible change in ownership was obtained either before or after the refranchising took place. In fact, Mosely was not a 100 percent owner, but rather was only 25 percent owner with his stock pledged as security for its purchase price. This inaccuracy was perpetuated in a Refranchising Facilities Report dated November 12, 1974, notwithstanding that in an intracompany correspondence dated September 13, 1974, between A. B. Hamrick and C. H. Jackson, it was recognized that Mosely was not 100 percent owner. Although the memo inaccurately stated that the remaining 75 percent of the stock was "signed over" to Mosely but held by the secretary to Hunt Truck Sales, Inc., until payment, it was recognized that Hunt Truck Sales' connection with Dealer was an asset as a source of considerable management advice and assistance. The franchise agreements in effect between Dealer and Manufacturer at all times pertinent to this case provided inter alia that Manufacturer could effect immediate termination of the agreements by written notice if there were any change in the specified ownership or management of Dealer without prior written approval of Manufacturer. On June 1, 1975, Mosely, at the request of Dealer corporation, resigned his position as President and General Manager because of a decline in business. C. Sherman Wiley was then elected Vice-President, General Manager, and Sales Manager, while Howard F. Brady was elected President. Brady also assumed Mosely's former position as 25 percent owner. These changes were made without prior written approval of Manufacturer. On June 5, 1975, A. B. Hamrick made an in person contact with Dealer on behalf of Manufacturer. In his report dated the same day, Hamrick notes that Mosely is no longer the manager of Dealer's operations. The report further notes that at the last refranchising (some eight months before) it was explained that Dealer was actually owned by Hunt Truck Sales. The report was routed to, and initialled by, Manufacturer's Zone Manager, Zone Operations Manager, Field Sales Manager, Market Representative Manager, Administration Manager and Vehicle Distribution Manager. Throughout the fourteen months preceding the termination notice, Manufacturer not only was fully aware of the ownership/management change but also continued to provide its products to Dealer for retail sale and to otherwise treat Dealer as having full franchise status. On January 12, 1976, Manufacturer offered to extend Dealers franchise term to a ten year period on the recommendation of the zone manager. This written offer was dated over seven months after Manufacturer was made aware of Dealer's change in ownership and management on June 5, 1975. It stated that Manufacturer's intent was to "ensure the stability of our relationship" and that upon acceptance, Manufacturer would "complete the signatures." The extension was accepted by dealer. At the time of acceptance, C. Sherman Wiley, Dealer's vice-president, general manager and sales manager called Mr. Cargill, Manufacturer's district sales manager, who advised Wiley to sign the acceptance and that the necessary refranchising papers would then be forwarded for the inclusion of new ownership and management data. Between the time of the ownership and management change and the time of termination, Dealer had communicated the substance of the change to six agents of Manufacturer. Although a letter from Dealer's "corporate" attorney verifying the change was requested by Manufacturer, the reason for termination was the failure to obtain prior written approval for the change and not the failure to obtain the letter.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by William F. Quattlebaum, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby Filed November 5, 2012 12:49 PM Division of Administrative Hearings a an ORDERED that this case is CLOSED. DONE AND ORDERED this a day of November, 2012, in Tallahassee, Leon County, Florida. Jule Baker, Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this_Q day of November, 2012. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jde Copies furnished: R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 cspickard@kfb-law.com Cindy Bresnee Mercedes-Benz USA, LLC 1 Mercedes Drive Montvale, New Jersey 07645 J. Andrew Bertron, Esquire Nelson, Mullins, Riley And Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 andy.bertron@nelsonmullins.com William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Saket Pan
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Lynne A. Quimby-Pennock, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed May 17, 2012 9:11 AM Division of Administrative Hearings DONE AND ORDERED this lly day of May, 2012, in Tallahassee, Leon County, Florida. Julie Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this day of May, 2012. Nalini Vinayak, Deater ticense Administrator NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jde Copies furnished: John W. Forehand, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 NO J. Andrew Bertron, Esquire Nelson, Mullins, Riley, and Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NAPLETON ENTERPRISES, LLC, d/b/a NAPLETON'S SOUTH ORLANDO CHRYSLER-JEEP-DODGE, Petitioner, vs. Case No. 12-1054 CHRYSLER GROUP CARCO, LLC, d/b/a CHRYSLER GROUP, LLC, Respondent. wee eye were re Sw YS YS YS YS ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause having come before the undersigned on Petitioner's Notice of Dismissal, filed May 14, 2012, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing scheduled for May 21 through 24, 2012, is canceled. 2. The file of the Division of Administrative Hearings is closed. Jurisdiction is relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 14th day of May, 2012, in Tallahassee, Leon County, Florida. ie LYNNE A. QUIMBY-PENNOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 2012. COPIES FURNISHED: Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, Florida 32399 John W. Forehand, Esquire Kurkin Forehand Brandes, LLP Suite 1B 800 North Calhoun Street Tallahassee, Florida 32303 jforehand@kfb-law.com J. Andrew Bertron, Esquire Nelson, Mullins, Riley, and Scarborough, LLP Suite 202 3600 Maclay Boulevard, South Tallahassee, Florida 32312 andy. bertron@nelsonmullins.com STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS NAPLETON ENTERPRISES, LLC, d/b/a NAPLETON’S SOUTH ORLANDO CHRYSLER-JEEP-DODGE Petitioner, vs. Case No. 12-1054 CHRYSLER GROUP CARCO, LLC, d/b/a CHRYSLER GROUP, LLC Respondent. NOTICE OF DISMISSAL Petitioner, Napleton Enterprises, LLC, d/b/a, Napleton’s South Orlando Chrysler-Jeep- Dodge, files this Notice of Dismissal and does hereby dismiss its Petition in this matter with prejudice. Respectfully submitted this 14" day of May, 2012. /s/ John W. Forehand John W. Forehand (FBN 979813) R. Craig Spickard (FBN 721751) Kurkin Forehand Brandes LLP 800 North Calhoun Street, Suite 1B Tallahassee, FL 32303 Telephone: (850) 391-5060 Facsimile: (850) 391-6242 jforehand @kfb-law.com cspickard @kfb-law.com CERTIFICATE OF SERVICE J HEREBY CERTIFY that a true copy of the foregoing has been furnished by electronic mail on May 14, 2012 to: Andy Bertron (andy.bertron@nelsonmullins.com) Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Blvd. S., Suite 202 Tallahassee, FL 32312 Jennifer Clark (clark jennifer@hsmv.state.fl.us) Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, FL 32399 /s/ John W. Forehand Attorney
