18-003600 Wkdr, Inc., D/B/A Ocala Subaru vs. Subaru Of America, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 29, 2018.

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

WKDR, INC. d/b/a OCALA SUBARU,

Petitioner,

vs. HSMV Case No. MS-18-834

SUBARU OF AMERICA, INC., DOAH Case No. 18-3600

Respondents. FINAL OROER NO . :

H S MV-19-0061- Fô.C- M S

FINALORDER DEPARTMENT OF H!GHWAY SAFETY AND MOTOR VEH!CLES

This matter cornes before the Department ofHighway Safety and Motor Vehicles upon the

Respondent's Withdrawal of Notice of Termination and Motion to Dismiss as Moot filed

January 3, 2019. The original petition in this matterwas filed June 29, 2018, byWKDR, Inc. d/b/a

Ocala Subaru, protesting the proposed termination by Subaru of America, Inc., of the franchise

agreement between the parties. In its unopposed motion, the Respondent gives notice of its

withdrawal of the proposed termination of the franchise agreement, which was the sole issue at

dispute in the petition. There being no further issues before the Department, the case is now moot.

Upon review of the motion and the record in the above-styled case and being fully advised

in the premises, it is ORDERED that the motion is GRANTED, the petition is dismissed as moot,

and the case is CLOSED.

DONE AND ORDERED this l day of January, 2019.

Robert Kynoch, Direct r ofMotorist Services

Department ofHighway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

Page 1 of2

WKDR, INC. d/b/a OCALA SUBARU v. SUBARU OF AMERICA, INC.

HSMV Case No. MS-18-834

DOAH Case No. 18-3600

COPIES FURNISHED this pin day of January, 2019, to:

Jason T . Allen, Esquire J. Andrew Bertron, Esquire

Bass, Sox & Mercer, P .A. Nelson, Mullins, Riley & Scarborough, LLP

2822 Remington Green Circle 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32308 Tallahassee, Florida 32312

j allen ({t, dealerlaw y er.com and y .bertron (a nelsonmullins.com

elee ({t dealerlaw \\ er.com susan.orach {tt nelsonmullins.com

Micah A. Andrews, Esquire James Pagano, Esquire

Bass Sox & Mercer Nelson, Mullins, Riley & Scarborough, LLP

2822 Remington Green Circle 3600 Maclay Boulevard South, Suite 202

Tallahassee, Florida 32308 Tallahassee, Florida 32312

mandrews (d. dealerlaw \\' er.com j ames .p a g ano Clt ' nelsonmullins . com

s usan.orach (a nelsonmullins.com

Michael Hafertepe

Subaru of America, Inc.

3 Executive Campus Street, Suite 170

Cherry Hill, New Jersey 08002

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 ofFlorida Rule of Appellate Procedure 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 [phone]. The email address is

OGCFilin g({t flhsmv. g, ov.

Page 2 of2

WKDR , INC . d/b / a OCALA SUBARU v . SUBARU OF AM E RIC A, INC.

H SMV Case No. MS-1 8 - 83 4

DOAH Cas e N o . 18- 36 00