19-004784 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, March 11, 2020.

In its October 8, 2020, Notice of Withdraw ing Protests, which is now before the

Department, Petitioner withdraws and dismisses, with prejudice, its protests in both of the

consolidated cases.

Petitioner’s protests having been withdrawn, and upon review of the record in the above-

styled cases and being fully advised in the premises, the petitions are DISMISSED . Accordingly,

it is ORDERED that the cases are CLOSED .

DONE AND ORDERED this _____ day of __________, 2020, at Tallahassee, 26th October

Leon County, Florida.

Robert Kynoch, Director of Motorist Services

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this _____ day of __________, 2020, to: 26th October

Jason T. Allen, Esquire C. Everett Boyd, Esquire

Bass Sox Mercer Nelson Mullins Broad and Cassel

2822 Remington Green Circle 215 South Monroe Street, Suite 400

Tallahassee, Florida 32308-3769 Tallahassee, Florida 32301-1804

[e-mail] [e-mail]

[e-mail] [e-mail]

Micah A. Andrews, Esquire Christopher C. Genovese, Esquire

Bass Sox Mercer Nelson Mullins Riley & Scarborough, LLP

2822 Remington Green Circle 1320 Main Street, 17th Floor

Tallahassee, Florida 32308-3769 Columbia, South Carolina 29201-3268

[e-mail] [e-mail]

[e-mail] [e-mail]

John H. Forehand, Esquire Ed Broyles, Chief of Dealer Services

Kurkin Forehand Brandes LLP Department of Highway Safety

315 South Calhoun Street, Suite 850 and Motor Vehicles

Tallahassee, Florida 32309-1860 Neil Kirkman Building, Room A-312

[e-mail] 2900 Apalachee Parkway, MS-65

[e-mail] Tallahassee, Florida 32399

[e-mail]

Page 2 of 3

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

HSMV Case Nos. MS-19-133 & MS-19-847

DOAH Case Nos. 19-4663 & 19-4784

NOTICE OF APPEAL RIGHTS

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

§ 120.68, Fla. Stat., and Fla. R. App. P. 9.190. Judicial review is initiated by filing a notice of

appeal with the Agency Clerk, and a copy of th e 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 Fla. R. App. P. 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 de livery, facsimile transm ission, or electronic mail. The address for

overnight delivery or hand delivery is Joseph Gillespie, DH SMV Agency Clerk, Department of

Highway Safety and Motor Vehicles, 2900 Apa lachee Parkway, A-432, MS-2, Tallahassee,

Florida 32399. The facsimile number is [phone]. The email address is

[e-mail] .

Page 3 of 3

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

HSMV Case Nos. MS-19-133 & MS-19-847

DOAH Case Nos. 19-4663 & 19-4784

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES

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

Petitioner,

vs. DOAH Case No. 19-4663

DOAH Case No. 19-4784

SUBARU OF AMERICA, INC., DHSMV Case No. MS-19-333

DHSMV Case No. MS-19-847

Respondent.

______________________________________/

PETITIONER’S NOTICE OF WITHDRAWING PROTESTS

Please take notice that Petitioner, WKDR, INC. d/b/a OCALA SUBARU, hereby

withdraws and dismisses, with prejudice, its protests in the above-referenced matters (DHSMV

Case No. MS-19-333 and DHSMV Case No. MS-19-847) which were consolidated before the

Division of Administrative Hearings (Case Nos. 19-4663 and 19-4784) before being relinquished

back to the Florida Department of Highway Safety and Motor Vehicle through an order entered

March 11, 2020. Each party will bear its own fees and costs.

Dated this 8th day of October, 2020.

Respectfully Submitted,

BASS SOX MERCER

/s/ Micah A. Andrews

Jason T. Allen

Micah A. Andrews

2822 Remington Green Circle

Tallahassee, Florida 32308

Phone [phone]

Fax [phone]

Attorneys for Petitioner

[e-mail]

[e-mail]

[e-mail]

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served via email on

October 8, 2020 to Andy Bertron and Everett Boyd ([e-mail];

[e-mail]) and Joseph Gillespie ([e-mail]).

/s/ Micah A. Andrews

Micah A. Andrews