18-004815 Volusia Motorsports, Inc., D/B/A Volusia Motorsports vs. Sky Powersports North Orlando, Llc, D/B/A Indian Motorcycle Of Seminole County And Polaris Sales And Service, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 28, 2018.

STATE OF FLORIDA

DEPARTMENT OF HIGHW A Y SAFETY AND MOTOR VEHICLES

CYCLE SPORT CENTER, INC. d/b/a CYCLE

SPORTS CENTER,

Petitioner,

vs. HSMV Case Nos.: MS-18-1270

DOAH Case Nos.: 18-4814

SKY POWERSPORTS NORTH ORLANDO,

LLC d/b/a INDIAN MOTORCYCLE OF

SEMINOLE COUNTY and POLARIS SALES FINAL OROER NO. :

& SERVICE, INC., HSMV-18-1624- EQI: -Ms

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Respondents.

VOLUSIA MOTORSPORTS, INC. d/b/a

VOLUSIA MOTORSPORTS,

Petitioner,

vs. HSMV Case Nos.: MS-18-1271

DOAH Case Nos.: 18-4815

SKY POWERSPORTS NORTH ORLANDO,

LLC d/b/a INDIAN MOTORCYCLE OF

SEMINOLE COUNTY and POLARIS SALES

& SERVICE, INC.,

Respondents.

FINALORDER

This matter cornes before the Department ofHighway Safety and Motor Vehicles for entry

of a final order upon submission of an Ortler Closing Files and Rellnquishing Jurisdiction issued

November 28, 2018, by the Honorable Linzie F. Bogan, Administrative Law Judge of the Division

of Administrative Hearings, based on Respondent Polaris Sales & Service, Inc. 's Unopposed

Motion to Dismiss and to Relinquish Jurisdiction filed November 26, 2018, copies of which are

attached and incorporated by reference in this order.

Upon review of the Ortler and the record in the above-styled cases, the Department hereby

dismisses the cases. Accordingly, it is ORDERED that the cases are CLOSED.

Page 1 of3

CYCLE SPORT CENTER, INC. & VOLUSIA MOTORSPORTS, INC. v. SKY POWERSPORTS NORTH

ORLANDO, LLC & POLARIS SALES & SERVICE, INC .

HSMV Case Nos . MS-18-1270 & MS-18-1271

DOAH Case Nos. 18-4814 & 18-4815

DONE AND ORDERED this 5 day of December, 2018.

Robert Kynocli, irecto f Motorist Services

Department of Highway afety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this ]!!}_____ day of December, 2018, to:

Joseph R. Gillespie, Agency Clerk Nicholas A. Bader, Esquire

Department of Highway Safety Bass Sox Mercer

and Motor Vehicles 2822 Remington Green Circle

Room A432, Mail Stop 2 Tallahassee, Florida 32308

2900 Apalachee Parkway [e-mail]

Tallahassee, Florida 32399 hhodges@d eal erlawyer. com

[e-mail]

[e-mail] Charles R. Northey

Sky Powersports North Orlando, LLC

Jonathan Brennen Butler, Esquire 246 McLean Point

Ciklin Lubitz Winter Haven, Florida 33884

515 North Flagler Drive, 20th Floor Micah A. Andrews, Esquire

·West Palm Beach, Florida 33401

[e-mail] Bass Sox & Mercer

dfogariy @ ciklinlubitz.com 2822 Remington Green Circle

Tallahassee, Florida 32308

Robert Craig Spickard, Esquire [e-mail]

Kurkin, Forehand & Brandes, LLP

315 South Calhoun Street, Suite 850 Department Palmer Brand, of Highway Chief of Dealer Safety Services

Tallahassee, Florida 32301

[e-mail] and Motor Vehicles

awylie@k:tb-law .com Neil Kirkman Building, Room A-312, MS 65

2900 Apalachee Parkway

AaronJax Tallahassee, Florida 32399-0635

Polaris Sales & Service, Inc. [e-mail]

2100 Highway 55

Medina, Minnesota 55340

Page 2 of3

CYCLE SPORT CENTER, INC . & VOLUSIA MOTORSPORTS, INC. v. SKY POWERSPORTS NORTH

ORLANDO, LLC & POLARIS SALES & SERVICE, INC.

HSMV Case Nos . MS-18-1270 & MS-18-1271

DOAH Case Nos. 18-4814 & 18-4815

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in

section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 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 Florida Rule of Appellate Procedure 9.11 0( 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 [phone]. The email address is

OGCFilin g@ tlhsmv .gov.

Page 3 of3

CYCLE SPORT CENTER, INC. & VOLUSIA MOTORSPORTS, INC. v. SKY POWERSPORTS NORTH

ORLANDO, LLC & POLARIS SALES & SERVICE, INC .

HSMV Case Nos. MS-18-1270 & MS-18-1271

DOAH Case Nos. 18-4814 & 18-4815