19-004157 N.S.S. Acquisition Corp. D/B/A Bev Smith Toyota vs. Southeast Toyota Distributors, Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 25, 2019.

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

N.S.S. ACQUISITION CORP. d/b/a BEV

SMITH TOYOTA ,

Petitioner,

vs. HSMV Case Nos.: MS - 19 - 481

SOUTHEAST TOYOTA DISTRIBUTORS, DOAH Case Nos.: 19 - 4157

LLC ,

Respondent . FINAL ORDER NO.:

______________________________________/

FINAL ORDER DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL ES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry

of a final order upon submission of the Order Closing Fil e and Relinquishing Jurisdiction issued

September 2 5 , 2019, by the Honorable Robert E. Meale , Administrative Law Judge of the Division

of Administrative Hearings, b ased on the Petitioner s Notice of Withdrawing Protest filed

September 5 , 2019, copies of which are attached and incorporated by reference in this order.

The Petitioner s protest having been withdrawn, the petition is DISMISSED and the case

is CLOSED .

DONE AND ORDERED this _____ day of __________ , 2019, at Tallahassee, Leon

County, Florida.

Robert Kynoch , Director of Motorist Services

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

Page 1 of 3

N.S.S. ACQUISITION CORP., d/b/a BEV SMITH TOYOTA v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC

HSMV Case No. MS - 19 - 481

DOAH Case No. 19 - 4157

COPIES FURNISHED this _____ day of __________ , 2019 , to:

J oseph 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 - 1804

2900 Apalachee Parkway [e-mail]

Tallahassee, Florida 32399 - 0504 [e-mail]

[e-mail] C. Everett Boyd, Esquir e

[e-mail] Nelson Mullins Riley & Scarborough LLP

Micah A. Andrews, Esquire 215 South Monroe Street , Suite 400

Bass Sox & Mercer , P.A. Tallahassee, Florida 32301 - 1804

2822 Remington Green Circle [e-mail]

Tallahassee, Florida 32308 - 3769 [e-mail]

[e-mail] Ed Broyles , Chief of Dealer Services

[e-mail]

Department of Highway Safety

Robert W. Costa and Motor Vehicles

Southeast Toyota Distributors, LLC Neil Kirk man Building, Room A - 312, MS 65

100 Jim Moran Boulevard 2900 Apalachee Parkway

Deerfield Beach, Flor ida 33442 - 1702 Tallahassee, Flori da 32399 - 0635

Richard N. Sox, Esquire [e-mail]

Bass Sox & Mercer, P.A.

2822 Remington Green Circle

Tallahassee, Florida 32308 - 3769

[e-mail]

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N.S.S. ACQUISITION CORP., d/b/a BEV SMITH TOYOTA v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC

HSMV Case No. MS - 19 - 481

DOAH Case No. 19 - 4157

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 appe al

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 Ó 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 (850) 617 - 5112. The email address is

[e-mail] .

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N.S.S. ACQUISITION CORP., d/b/a BEV SMITH TOYOTA v. SOUTHEAST TOYOTA DISTRIBUTORS, LLC

HSMV Case No. MS - 19 - 481

DOAH Case No. 19 - 4157