19-001079 Palm Chevrolet Of Gainesville, Llc, D/B/A Davis Gainesville Mazda vs. Mazda Motor Of America, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 16, 2019.

STATE OF FLORIDA

DEPARTMENT OF HIGHW AY SAFETY AND MOTOR VEHICLES

P ALM CHEVROLET OF GAINESVILLE,

LLC d/b/a DA VIS GAINESVILLE MAZDA,

Petitioner,

vs. HSMV Case No.: MS-19-042

DOAH Case No.: 19-1079

MAZDA MOTOR OF AMERICA, INC.,

Respondent. F 1 NAL OROER NO. :

HSMV-19-0341- fo:r -MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINALORDER

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

of a final order upon submission of an Ortler Closing File issued April 16, 2019, by the Honorable

James H. Peterson III, Administrative Law Judge of the Division of Administrative Hearings,

based on the Petitioner's Notice of Dismissal filed April 15, 2019, copies ofwhich are attached

and incorporated by reference in this order.

Upon review of the Ortler and record in the above-styled case, and being full y advised in

the premises, the Department hereby dismisses the petition. Accordingly, it is ORDERED that the

case is CLOSED.

DONE AND ORDERED this JL day of May, 2019.

Robert Kynoch, Direct ofMotorist Services

Department ofHighway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

Page 1 of2

P ALM CHEVROLET OF GAINESVILLE, LLC v. MAZDA MOTOR OF AMERICA, INC.

HSMV Case No. MS-19-042

DOAH 19-1079

COPIES FURNISHED this /fn day ofMay, 2019, to:

Joseph R. Gillespie, Agency Clerk J. Andrew Bertron, Esquire

Department of Highway Safety Nelson Mullins Riley & Scarborough, LLP

and Motor Vehicles 215 South Monroe Street, Suite 400

Room A432, Mail Stop 2 Tallahassee, Florida 32301

2900 Apalachee Parkway [e-mail]

Tallahassee, Florida 32399 [e-mail]

ogcfiling@flhsmv .gov C. Everett Boyd, Esquire

joegillespie@flhsmv. gov Nelson Mullins Riley & Scarborough, LLP

John W: Forehand, Esquire 215 South Monroe Street, Suite 400

Kurkin, Forehand & Brandes, LLP Tallahassee, Florida 32301

315 South Calhoun Street, Suite 850 everett.bo y [e-mail]

Tallahassee, Florida 32301 [e-mail]

j forehand@ k fb-law .com Palmer Brand, Chief of Dealer Services

aw y lie@ k fb-law.com Department ofHighway Safety

Robert Craig Spickard, Esquire and Motor Vehicles

Kurkin, Forehand & Brandes, LLP Neil Kirkman Building, Room A-312, MS 65

315 South Calhoun Street, Suite 850 2900 Apalachee Parkway

Tallahassee, Florida 32301 Tallahassee, Florida 32399-0635

cs p [e-mail] p alrnerbrand@flhsmv. g ov

[e-mail]

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 9.110(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. Thefacsimile number is [phone]. The email address is

OGCFilin g@ flhsmv. g ov .

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PALM CHEVROLET OF GAINESVILLE, LLC v. MAZDA MOTOR OF AMERICA, INC .

HSMV Case No. MS-19-042

DOAH 19-1079