Conclusions This matter came before the Department upon the Order Closing File and Relinquishing Jurisdiction entered by E. Gary Early, an Administrative Law Judge of the Division of Administrative Hearings and the Parties’ Settlement Stipulation. Having reviewed the Order and Stipulation, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED: L. That the Settlement Stipulation (copy attached) is hereby and adopted and incorporated into this final order. 2. That Respondent’s motor vehicle dealer license VI-1008040 was revoked effective April 17, 2012. Filed April 23, 2012 7:38 AM Division of Administrative Hearings 4 DONE AND ORDERED this go day of April, 2012, in Tallahassee, Leon County, Florida. a M4 4 we Birrayiee 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 in the official records of the Division of Motorist Services this a »_ day of April, 2012. Nalini Vinayak, Dealer Hcense Administrator Copies Furnished: Jonathon Glugover, Esquire Glugover Law and Mediation Post Office Box 2613 Daytona Beach, florida 32115 James K. Fisher, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Neil Kirkman Building, Room A-430 Tallahassee, Florida 32399 E. Gary Early Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399
The Issue The issue is whether Petitioner's establishment of North Tampa Chrysler Jeep Dodge, Inc. (North Tampa), as a successor motor vehicle dealer for Chrysler, Jeep and Dodge line-makes (vehicles) in Tampa, Florida, is exempt from the notice and protest requirements in Subsection 320.642(3), Florida Statutes (2009),1 pursuant to Subsection 320.642(5)(a).
Findings Of Fact Petitioner manufactures and sells Chrysler, Jeep and Dodge vehicles to authorized Chrysler, Jeep and Dodge dealers. Ulm is a party to Dealer Sales and Service Agreements with Petitioner for Chrysler, Jeep and Dodge vehicles. Ulm sells Chrysler, Jeep and Dodge vehicles at 2966 North Dale Mabry Highway, Tampa, Florida 33607. Ferman is a party to Dealer Sales and Service Agreements with Petitioner for Chrysler, Jeep and Dodge vehicles. Ferman sells Chrysler, Jeep and Dodge vehicles at 24314 State Road 54, Lutz, Florida 33559. It is undisputed that Petitioner has had four dealers in the Tampa metro market for a significant number of years. Petitioner's primary competitors also have had four or more dealers in the Tampa metro market. By appointing North Tampa as a successor dealer to Bob Wilson Dodge Chrysler Jeep (Wilson), Petitioner seeks to maintain the status quo of four Chrysler dealers in the Tampa metro market. In April 2008, Petitioner had four dealers in the Tampa metro market that each sold and serviced Chrysler, Jeep and Dodge vehicles. The four dealers were: Ulm, Ferman, Courtesy Chrysler Jeep Dodge, and Wilson. On April 25, 2008, Wilson filed a Chapter 11 petition in United States Bankruptcy Court in the Middle District of Florida (the Bankruptcy Court). At or about the same time, Wilson closed its doors and ceased selling and servicing Chrysler, Jeep and Dodge vehicles. The filing of Wilson’s bankruptcy petition precipitated an automatic stay under Section 362 of the Bankruptcy Code. The automatic stay prevented Petitioner from terminating Wilson’s franchise and dealer agreements (dealer agreements). But for Wilson’s bankruptcy filing, Petitioner would have sent Wilson a notice of termination when Wilson closed its doors and ceased dealership operations. Wilson’s cessation of business adversely impacted Petitioner. In relevant part, Petitioner lost sales and lacked a necessary fourth dealer to provide service to Chrysler, Jeep and Dodge customers in the Tampa metro market. Petitioner desired to reopen a dealership at or close to the former Wilson location as soon as possible to mitigate or eliminate the economic loss. During the automatic stay, Petitioner was legally precluded from unilaterally appointing a successor dealer to Wilson. Wilson still had valid dealer agreements for the Chrysler, Jeep and Dodge vehicles and, therefore, was still a dealer. During the automatic stay, Wilson attempted to sell its existing dealership assets, including the Chrysler, Jeep and Dodge dealer agreements. Any attempt by Petitioner to appoint a successor dealer or even negotiate with a successor dealer, would have undermined Wilson’s efforts to sell the dealerships and maximize the estate for the benefit of the creditors. A sale of the dealership required the consent of Wilson and Wilson’s largest creditor, Chrysler Financial. Petitioner did everything it could to accelerate a sale. However, Petitioner was not a party to the sale negotiations and had no ability to require or force Wilson to sell the dealership or its assets to any particular party or to do so within any particular time period. A preponderance of the evidence does not support a finding that Petitioner did anything to intentionally, or inadvertently, delay or manipulate the timing of a sale. On July 30, 2008, Petitioner filed a motion with the Bankruptcy Court to lift the automatic stay. The motion also sought the termination of Wilson’s dealer agreements. Petitioner filed the motion in the Bankruptcy Court in an attempt to hasten the sale negotiations. Petitioner also wanted to be able to terminate the dealer agreements as quickly as possible in the event that a sale was not consummated. The Bankruptcy Court did not initially grant Petitioner's motion. The court wanted to allow time for a sale of the dealership to proceed. During 2008 and early 2009, Wilson continued to negotiate with potential buyers for the dealership. On January 8, 2009, Wilson's motor vehicle dealer license expired. It became apparent to Petitioner that a sale of Wilson’s assets would be unlikely. Petitioner again asked the Bankruptcy Court to grant Petitioner's motion to lift the stay. On February 9, 2009, the Bankruptcy Court entered an order granting Petitioner's motion to lift the stay. However, the order did not terminate Wilson’s dealer agreements. On February 16, 2009, within a week of the entry of the order lifting the stay, Petitioner sent Wilson a notice of intent to terminate Wilson’s dealer agreements. Wilson received the notice of termination on February 23, 2009, and the termination became effective on March 10, 2009. A preponderance of evidence does not support a finding that Petitioner attempted to manipulate or delay the timing of the termination of Wilson’s dealer agreements. Petitioner began working on establishing a replacement dealership as soon as Wilson’s dealer agreements were terminated. Establishing a replacement dealership is a lengthy process that primarily involves finding a suitable dealer candidate, finding a suitable location and facility, and making sure that the candidate has the necessary capital to start and maintain the dealership. Petitioner talked to several potential candidates to replace the Wilson dealership, including Jerry Ulm, the principal of one of the complaining dealers in these cases. By letter dated June 24, 2009, Mr. Ulm advised Petitioner that he opposed the opening of a successor dealership for anyone else but wanted the successor dealership for himself should Petitioner decide to proceed. Petitioner determined that Petitioner would not be able to locate the successor dealership at the former Wilson facility. Petitioner considered several potential alternative locations for the successor dealership, including property offered by Ferman. Ferman had a vacant site on Fletcher Avenue in Tampa, Florida, which Ferman leased from a third party unrelated to this proceeding. Ferman offered to sublease the property to Petitioner. In a letter to Petitioner's real estate agent dated July 17, 2009, Ferman stated Ferman's understanding that Petitioner intended to use the property to establish a Chrysler, Jeep and Dodge dealership. Petitioner ultimately decided to locate the dealership at 10909 North Florida Avenue in Tampa, Florida. It is undisputed that this location is less than two miles from the former Wilson location. Before establishing the successor dealership, however, Petitioner wrote a letter to the Department on February 5, 2010 (the letter). The letter requested the Department to confirm that the establishment of the successor dealership would be exempt under Subsection 320.642(5)(a)1. from the notice and protest requirements in Subsection 320.642(3). The letter explained that Wilson had filed bankruptcy and ceased operations and that the bankruptcy had prevented Petitioner from terminating Wilson and appointing a successor dealership. The letter also provided the relevant dates of the bankruptcy, the lifting of the stay, and the termination of Wilson dealer agreements and advised the Department of Petitioner's intent to locate the successor dealership within two miles of Wilson’s former location. The letter asked the Department to confirm that the establishment of a successor dealership would be exempt if it was established within one year of March 10, 2009, when Petitioner terminated the Wilson dealer agreements. By separate e-mails dated February 9 and 12, 2010, the Department twice confirmed that it had consulted with counsel and determined that the establishment of a successor dealership to Wilson in the manner outlined by Petitioner would be exempt. Petitioner relied on this confirmation by the Department before proceeding with the appointment of a successor dealership. On February 24, 2010, Petitioner sent a second letter to the Department, stating Petitioner's intention to appoint North Tampa as the replacement and successor dealer for Wilson (the second letter). In the second letter, Petitioner again asserted its understanding that the establishment of North Tampa was exempt from the relevant statutory requirements for notice and protest. On February 24, 2010, Petitioner also submitted to the Department an application for a motor vehicle dealer license for North Tampa. On March 3, 2010, the Department issued a license to North Tampa for the Chrysler, Jeep and Dodge vehicles at 10909 North Florida Avenue in Tampa, Florida. On March 7, 2010, North Tampa opened for business. North Tampa has operated successfully and continuously and employs approximately 30 individuals at the site.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order finding that the establishment of North Tampa as a successor motor vehicle dealer is exempt from the notice and protest requirements in Subsection 320.642(3) pursuant to Subsection 320.642(5)(a). DONE AND ENTERED this 11th day of October, 2010, in Tallahassee, Leon County, Florida. S DANIEL MANRY 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 11th day of October, 2010.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by R. Bruce McKibben, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s request for 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 that this case is CLOSED. Filed June 14, 2011 10:27 AM Division of Administrative Hearings DONE AND ORDERED this /O day of June, 2011, in Tallahassee, Leon County, Florida. Sandra C. Lambert, Interim Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the pivisionof Motor Vehicles this_7 day of June, 2011. 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. SCLijdc Copies furnished: John Drier Scoot, Inc. 1819 Wharf Road Sarasota, Florida 34231 Lynnette Pagnini Johnny Pag Com., Inc. 5820 Central Avenue, Unit 230 Riverside, California 92504 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator
The Issue Whether Petitioner’s application for a motor vehicle dealer license should be granted or denied.
Findings Of Fact Petitioner, Global Express, LLC. (Global Express), is a limited liability company which has submitted to Respondent an application for a license as a motor vehicle dealer under the fictitious name of Auto Zone Auto Sales (the subject application). Johnny Romero and Rosangela Romero, who are husband and wife, are the members and managers of Global Express. Mr. Romero is also known as Johnny Guillermo Romero Peguero.1 Both Mr. and Mrs. Romero signed the subject application on behalf of Global Express before a notary public on May 4, 2009. The following language is contained above the signature lines: Under penalty of perjury, I do swear or affirm that the information contained in this application is true and correct . . . Part 5 of the application form requires that the “applicant, partner, or corporate officer or director” answer yes or no to certain questions (the Certifications). Each dealership officer is required to answer these questions under penalties of perjury. Relevant to this proceeding, both Mr. and Mrs. Romero answered the following question in the negative: Has this applicant, partner, or corporate officer or director ever had a surety bond cancelled? Relevant to this proceeding, both Mr. and Mrs. Romero answered the following question in the negative: Has this applicant, partner, or corporate officer or director ever been denied or had a dealer license suspended or revoked in Florida or any other jurisdiction? In addition to the foregoing, Mr. and Mrs. Romero answered the following question in the affirmative: Has this applicant, partner, or corporate officer or director ever been a licensed dealer in Florida or any other jurisdiction? Under their affirmative response Mr. and Mrs. Romero inserted information reflecting that they had previously been licensed dealers under the license numbered VI/1018283. Pursuant to application executed by Mr. and Mrs. Romero on January 11, 2007, Respondent issued motor vehicle dealer license numbered VI/1018283 to Pronto Cars Corp. (Pronto). Pronto’s motor vehicle dealer license bond was cancelled by its surety, Nova Casualty Company, by notice dated December 18, 2007. Pronto’s motor vehicle dealer license was suspended by Respondent by Order of Emergency Suspension and Administrative Complaint dated March 20, 2008. That case was assigned the following case number by Respondent: DMV-08-479. The Order suspended Pronto’s motor vehicle dealer license because Pronto’s surety had cancelled its bond. There was a conflict in the evidence as to whether Mr. Romero ever received a copy of the Emergency Final Order and Administrative Complaint in case DMV-08-479. That conflict is resolved by finding that Ms. Pierre-Lys, acting in her capacity as a compliance officer for Respondent, served a copy of the Order of Emergency Suspension and Administrative Complaint on Mr. Romero on April 16, 2008. Mr. Romero, on behalf of Pronto, signed and submitted an election of rights form dated May 5, 2008, which provided, in relevant part, as follows: “I have read the Administrative Complaint filed in this matter [DMV-08-479] and understand my options.” Immediately before Mr. Romero’s signature is a check in a box indicating that Mr. Romero was exercising the following option: “I have not obtained a surety bond and wish to voluntarily relinquish my motor vehicle license. I have completed and am returning the Voluntary Relinquishment of License form within 21 days from the date of my receipt of this administrative complaint.” On May 23, 2008,2 Respondent issued its Final Order in its case number DMV-08-479, thereby canceling Pronto’s motor vehicle dealer’s license. The Final Order directed Pronto to surrender its license and all dealer and temporary tags in its possession. The Final Order also contained the following: It is further ORDERED and ADJUDGED that the Order of Emergency Suspension and Administrative Complaint filed herein is DISMISSED and this case is hereby CLOSED. Mr. Romero called Respondent’s compliance officer, Luz Irizarry, on March 6, 2009, told her that he wanted to obtain a motor vehicle dealer license, and asked whether he would have to go to a school for new dealers. Ms. Irizarry referred the inquiry to Ms. Buck, who determined that Mr. Romero would have to attend the school because Pronto had received consumer complaints, Pronto’s surety had cancelled its bond, and Pronto’s license had been suspended and subsequently revoked. On March 9, 2009, Ms. Irizarry informed Mr. Romero of the reasons he would have to go to dealer school, and specifically discussed with him the fact that Pronto’s operations had been suspended. When he signed the Certifications on May 4, 2009, Mr. Romero had actual knowledge that Pronto’s surety bond had been revoked and that Pronto’s motor vehicle dealer license had been suspended. Mr. Romero’s contends that he was confused about his answers because he thought he had bought the surety bond for its full term and because he thought the Final Order entered by Respondent dismissed the suspension of his license. Those contentions are rejected. It is clear from his answer pertaining to the license that had been issued to Pronto that Mr. Romero understood as a principal of Pronto he would have to disclose the revocation of Pronto’s surety bond and the suspension of Pronto’s motor vehicle dealer license on the subject application. Mr. and Mr. Romero’s Certifications under section 5 of the subject application pertaining to the revocation of a surety bond and the suspension of a motor vehicle dealer license are willful, material misrepresentations of fact. On February 26, 2008, Respondent discovered that Pronto had moved its business location and was doing business at a location that had not been approved by Respondent. On April 1, 2009, Mrs. Romero drove a motor vehicle displaying a “For Sale” sign. The vehicle had a temporary tag on it that had been issued to Pronto. The possession of that temporary tag violated the Final Order entered in Respondent’s case number DMV-08-479, which ordered Pronto to immediately surrender all temporary tags to Respondent. On April 27, 2009, Mrs. Romero displayed, or acquiesced in the display of, another car with a “For Sale” sign on it parked in front of Global Express’s proposed, but unlicensed, location. That car had a temporary tag on it that had been issued to Pronto. The temporary tag was filled out to show the name of another dealer. The possession of that temporary tag violated the Final Order entered in Respondent’s case number DMV-08-479, which ordered Pronto to immediately surrender all temporary tags to Respondent. On April 2, 2009, Mr. Romero had 13 motor vehicles titled in his name. Although he asserts that some of the motor vehicles were bought in conjunction with a taxi service he operated, he admitted that some of these vehicles had been purchased for resale. Mr. Romero acquired a 1966 Ford motor vehicle on May 9, 209, and sold the vehicle on May 21, 2009. Mr. Romero acquired a 1999 Chevrolet motor vehicle on May 18, 2009, and sold the vehicle on May 25, 2009. Mr. Romero acquired another Chevrolet motor vehicle on May 20, 2008, and sold the vehicle on May 31, 2009. Respondent established that during April and May 2009, Mr. Romero engaged in the business of dealing in motor vehicles without a license. On March 30, 2009, Mr. Romero paid Respondent for the registrations of ten motor vehicles with worthless checks.
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 adopting the Findings of Fact and Conclusions of Law contained in this Recommended Order. It is further RECOMMENDED that the final order deny the subject application. DONE AND ENTERED this 30th day of November, 2009, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 2009.
Conclusions This matter came before the Department for entry of a Final Order upon the Settlement Stipulation and submission of an Order Closing File and Relinquishing Jurisdiction by Errol H. Powell, an Administrative Law Judge of the Division of Administrative Hearings, copies of which are attached and incorporated by reference in this order. The Department hereby adopts the Settlement Stipulation and Order Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that the parties shall carry out the terms of the Settlement Stipulation. DONE AND ORDERED this Ake day of July, 2012, in Tallahassee, Leon County, Florida. ; \ Boker, 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 in the official records of the Division of Motorist Services this lo ( fa) day of July, 2012. bin Vrnarzoke Nalini Vinayak, Dealer Kicense Administrator Filed July 26, 2012 3:32 PM Division of Administrative Hearings 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: R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 N. Calhoun Street, Suite 1B Tallahassee, Florida 32303 James K. Fisher, Esquire Department of Highway Safety And Motor Vehicles Neil Kirkman Building, Room A430 2900 Apalachee Parkway Tallahassee, Florida 32399-0500 Errol H. Powell 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 June C. McKinney, 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 and ADJUDGED that Respondent, Rick Case Sunrise, LLC d/b/a Rick Case Kia, be granted a license to sell vehicles manufactured by Kia (KIA) at 1650 Sawgrass Corporate Parkway, Sunrise, (Broward County), Florida 33323, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed February 6, 2013 12:50 PM Division of Administrative Hearings DONE AND ORDERED this day of Febery 2013, in Tallahassee, Leon County, bil bo 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 Florida. Filed with the Clerk of the Division of Motorist Services thi Ue d f-Janauty. 03. is say ofa NOTICE OF XPPEAL: 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/jc Copies furnished: Andy Bertron, Esquire Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard, South, Suite 202 Tallahassee, Florida 32312 Andy.bertron@nelsonmullins.com Robert E. Sickles, Esquire Hinshaw & Bulbertson, LLP 100 South Ashley Drive, Suite 500 Tampa, Florida 33602 Rsickle@hinshawlaw.com Colm Moran, Esquire Hogan Lovells US, LLP 1999 Avenue of the Stars, Suite 1400 Los Angeles, California 90067 Colm.moran@hoganlovells.com R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 3203 cspickard@flb-law.com June C. McKinney Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order of Dismissal by Todd P. Resavage, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Voluntary Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order of Dismissal as its Final Order in this matter. Accordingly, it is hereby Filed April 25, 2013 8:34 AM Division of Administrative Hearings ORDERED that this case is CLOSED. DONE AND ORDERED this a3 day of April, 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_Q3__ day of April, 2013. 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/wev Copies furnished: R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 cspickard @kfb-law.com Virginia Gulde, Esquire Nelson, Mullins, Riley And Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Virginia.gulde @nelsonmullins.com Todd P. Resavage 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 by Susan Belyeu Kirkland, Administrative Law Judge of the Division of Administrative Hearings, pursuant to the Petitioner’s Notice of Voluntary Dismissal With Prejudice, 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 that this case is CLOSED Filed November 16, 2011 2:59 PM Division of Administrative Hearings DONE AND ORDERED this le day of November, 2011, in Tallahassee, Leon County, Florida. Sandra C. Lambert, Director Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A435, MS 80 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this fa day of November, 2011. ous Nalini Vinayak, Deafer 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. SCLjdce Copies furnished: Jason T. Allen, Esquire Bass, Sox and Mercer, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 Bianca G. Liston, Esquire McDonald Toole Wiggins Post Office Box 4924 Orlando, Florida 32802 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 Lynne A. Quimby-Pennock, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Parties’ Settlement Agreement, 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 and ADJUDGED that Respondent, Elite Trikes, LLC, be granted a license to sell motorcycles manufactured by Hyosung Motors American, Inc. at 12395 Belcher Road, Largo, (Pinellas County), Florida 33773, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. Filed June 28, 2013 7:57 AM Division of Administrative Hearings DONE AND ORDERED this al day of June, 2013, in Tallahassee, Leon County, Florida. 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 AL day of November, 2012. os Nalini Vinayak, Dealer Eicense Adminictro*s- 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/wev Copies furnished: Pat Clark Eco Green Machine, LLC 7000 Park Boulevard Pinellas Park, Florida 33781 Tony Kim Hyosung Motors America, Inc. 5815 Brook Hollow Parkway, Suite C Norcross, Georgia 30071 Jack Lavery Elite Trikes, LLC 12395 Belcher Road Largo, Florida 33773 Matthew Mosk Elite Trikes, LLC 12397 Belcher Road, Suite 270 Largo, Florida 33773 Lynne A. Quimby-Pennock Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator
