13-004378 Wallace V 2805 Southeast Federal Highway, Llc, D/B/A Wallace Volkswagen vs. Volkswagen Group Of America, Inc., And Sunrise Motor Vehicles, Inc., D/B/A Sunrise Volkswagen Of Fort Pierce Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 16, 2014.

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DOAH CASE NO.: 13-4378

MS CASE NO. MS-I3-1135

FINAL ORDER #: HSMV-14- \ 3 -S-MS

WALLACE V 2805 SOUTHEAST FEDERAL

HIGHWAY, LLC D/B/A WALLACE

VOLKSWAGEN,

Petitioner,

VS.

VOLKSWAGEN GROUP OF AMERICA,

INC., AD SUNRISE MOTOR VEHICLES,

INC., D/B/A SUNRISE VOLKSWAGEN

OF FORT PIERCE,

Respondents.

_______________ ----.:1

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission or an

Order Closing File and Relinquishing Jurisdiction by Mary Li Creasy, Administrative Law Judge

of the Division of Administrative Hearings, pursuant to the Parties Joint Motion to Relinquish

Jurisdiction to Agency for Entry of Final Order Pursuant to Settlement. a copy of which is

allached. 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:

I. Respondent, Sunrise Motor Vehicles. Inc. d/b/a Sunrise Volkswagen or lOon

Pierce ("Sunrise"), be granted a license to sell and service new Volkswagen automobiles and

light trucks at 5359 South US I, Fort Pierce (SI. Lucie County), Florida 34982, on or arter

January I, 2019. Sunrise may apply for and be granted a license before January I, 2019. but

Sunrise may not open for business as a Volkswagen dealership or sell new Volkswagen motor

vehicles until on or after January 1,2019.

2. Good cause exists to extend the periods in Rule 15C-7.004(7)(d), Florida

Administrative Code. Sunrise shall begin construction of the dealership by January I, 2022, and

complete construction and finalize its preliminary application for license by December 31,2023.

DONE AND ORDERED this day of November, 2014, 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

Divisiop of Motorist Services

this 1I7 day of November, 2014.

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:

Edward Quinton, Esquire

Quinton and Paretti, P .A.

Brickell Bayview Center, Suite 2150

80 Southwest 8 th Street

Miami, Florida 33130

1. Stephen Tierney, III, Esquire

Neill, Griffin, Tierney, Neill

And Marquis, Chartered

311 South 2 nd Street

Fort Pierce, Florida 34954

J. Andrew Bertron, Esquire

Nelson, Mullins, Riley, and Scarborough, LLP

3600 Maclay Boulevard South, Suite 3600

Tallahassee, Florida 32312

Mary Li Creasy

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399

N alini Vinayak

Dealer License Administrator