19-004876 Mastro Motors, Inc. D/B/A Mastro Imports vs. S And D Subaru, Llc D/B/A Subaru Of Wesley Chapel And Subaru Of America, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, October 11, 2019.

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

MASTRO MOTORS, INC. d/b/a MASTRO

IMPORTS

Petitioner,

MS-19-843

S & D SUBARU, LLC d/b/a SUBARU OF Case Nos.: 19-4876

WESLEY CHAPEL and SUBARU OF

AMERICA, INC.

FINAL ORDER NO.:

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL

FINAL ORDER

otor Vehicles for entry

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

October 11, 2019, by the Honorable Hetal Desai, Administrative Law Judge of the Division of

Administrative Hearings, based on the Petitioner s Notice of Voluntary Dismissal without

Prejudice filed October 10, 2019, copies of which are attached and incorporated by reference in

this order.

The Petitioner DISMISSED and the case

. If the RespondentsÓ application meets all other requirements of law, the Bureau of

Dealer Services may issue a license for the proposed new point location as a Subaru franchise

motor vehicle dealer.

this _____ day of __________, 2019, at Tallahassee, Leon

County, Florida.

Robert Kynoch, Director of Motorist Services

Department of Highway Safety and Motor Vehicles

Apalachee Parkway

Tallahassee, Florida 32399

Page of

MASTRO MOTORS, INC. v. S & D SUBARU, LLC & SUBARU OF AMERICA, I NC.

HSMV Case No. MS-19-843

DOAH Case No. 19-4876

COPIES FURNISHED this _____ day of __________, 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 32301-1804

2900 Apalachee Parkway [e-mail]

Tallahassee, Florida 32399-0504 [e-mail]

[e-mail]

[e-mail] Nelson Mullins Riley & Scarborough, LLP C. Everett Boyd, Esquire

Dylan M. Snyder, Esquire 215 South Monroe Street, Suite 400

Dylan M. Snyder, P.A. Tallahassee, Florida 32301-1804

201 North Franklin Street, Suite 2880 [e-mail]

Tampa, Florida 33602-5102

[e-mail]

Robert A. Shimberg, Esquire

Kenneth G. Turkel, Esquire Hill, Ward & Henderson, P.A.

Bajo Cuva Cohen & Turkel, P.A. 101 East Kennedy Boulevard

100 North Tampa Street, Suite 1900 Tampa, Florida 33602-5179

Tampa, Florida 33602-5853 [e-mail]

[e-mail] [e-mail]

Ed Broyles, Chief of Dealer Services

Subaru of America, Inc. Department of Highway Safety

One Subaru Drive and Motor Vehicles

Camden, New Jersey 08103-2204 Neil Kirkman Building, Room A-312, MS 65

2900 Apalachee Parkway

Scott Fink Tallahassee, Florida 32399-0635

S & D Subaru, LLC [e-mail]

3936 U.S. Highway 19

New Port Richey, Florida 34652-6152

Page of

MASTRO MOTORS, INC. v. S & D SUBARU, LLC & SUBARU OF AMERICA, I NC.

HSMV Case No. MS-19-843

DOAH Case No. 19-4876

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicia l 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 co urt of appeal. The notice of appeal

must conform to the requirements of Florida Rule of Appellate P rocedure 9.110(d) and must be

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 delive ry, facsimile transmission, or e lectronic 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-43 2, MS-2, Tallahassee,

Florida 32399. The facsimile num ber is [phone]. The emai l address is

[e-mail]

Page of

MASTRO MOTORS, INC. v. S & D SUBARU, LLC & SUBARU OF AMERICA, I NC.

HSMV Case No. MS-19-843

DOAH Case No. 19-4876

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MASTRO MOTORS, INC. d/b/a MASTRO

IMPORTS,

Petitioner,

vs. Case No. 19-4876

S AND D SUBARU, LLC d/b/a SUBARU

OF WESLEY CHAPEL AND SUBARU OF

AMERICA, INC.,

Respondents.

_______________________________/

ORDER CLOSING FILE AND RELINQUISHING JURISDICTION

This cause having come before the undersigned on Petitioner

Mastro Motors, Inc., d/b/a Mastro Imports' Notice of Voluntary

Dismissal Without Prejudice filed October 10, 2019, and the

undersigned being fully advised, it is, therefore,

ORDERED that the file of the Division of Administrative

Hearings is closed. Jurisdiction is relinquished to the

Department of Highway Safety and Motor Vehicles.

DONE AND ORDERED this 11th day of October, 2019, in

Tallahassee, Leon County, Florida.

S

HETAL DESAI

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 11th day of October, 2019.

COPIES FURNISHED:

Joseph R. Gillespie, Agency Clerk

Department of Highway Safety

and Motor Vehicles

Room A432, Mail Stop 2

2900 Apalachee Parkway

Tallahassee, Florida 32399-0500

(eServed)

Dylan M. Snyder, Esquire

Dylan Snyder, P.A.

Suite 2880

201 North Franklin Street

Tampa, Florida 33602

(eServed)

Kenneth G. Turkel, Esquire

Bajo, Cuva, Cohen and Turkel, P.A.

Suite 1900

100 North Tampa Street

Tampa, Florida 33602

(eServed)

Peter Cook

Subaru of America, Inc.

One Subaru Drive

Camden, New Jersey 08103-2204

Scott Fink

S & D Subaru, LLC

3936 U.S. Highway 19

New Port Richey, Florida 34652-6152

J. Andrew Bertron, Esquire

Nelson Mullins Riley & Scarborough, LLP

Suite 400

215 South Monroe Street

Tallahassee, Florida 32301

(eServed)

C. Everett Boyd, Esquire

Nelson Mullins Broad and Cassel

Sun Trust Bank Building, Suite 400

215 South Monroe Street

Tallahassee, Florida 32301

(eServed)

Robert A. Shimberg, Esquire

Hill, Ward & Henderson, P.A.

101 East Kennedy Boulevard

Tampa, Florida 33602

(eServed)

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MASTRO MOTORS INC.,

d/b/a MASTRO IMPORTS,

Petitioner,

vs. Case No: 19-004876

MS-19-843

S & D SUBARU INC., d/b/a

SUBARU OF WESLEY CHAPEL AND

SUBARU OF AMERICA, INC.

Respondents.

_____________________________________/

PETITIONER MASTRO MOTORS INC., d/b/a MASTRO IMPORTS’

NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

Petitioner, MASTRO MOTORS INC., d/b/a MASTRO IMPORTS, by and through its

undersigned attorneys, pursuant to Florida Rule of Civil Procedure 1.420(a), hereby dismisses

the above-styled cause of action against Respondents, S & D SUBARU INC., d/b/a SUBARU

OF WESLEY CHAPEL AND SUBARU OF AMERICA, INC., without prejudice, and each

party shall bear their own attorney’s fees and costs in connection with this matter.

Respectfully submitted,

/s/ Kenneth Turkel

Kenneth G. Turkel (FBN 867223)

Bajo Cuva Cohen & Turkel, P.A.

100 North Tampa Street, Suite 1900

Tampa, FL 33602

Telephone: [phone]

Facsimile: [phone]

[e-mail]

and

/s/ Dylan Snyder

Dylan M. Snyder (FBN 0050334)

Dylan M. Snyder, P.A.

One Tampa City Center

201 N. Franklin St., Suite 2880

Tampa, FL 33602

Telephone: [phone]

Facsimile: [phone]

[e-mail]

Counsel for Petitioner

{BC00023383:1}

Filed October 10, 2019 4:28 PM Division of Administrative Hearings

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by

Electronic Mail, this 10th day of October, 2019, to:

Andy Bertron, Esquire

C. Everett Boyd, Jr., Esquire

[e-mail]

[e-mail]

Counsel for Subaru of America, Inc.

Robert A. Shimberg, Esq.

[e-mail]

Counsel for Subaru of Wesley Chapel

Joseph Gillespie

[e-mail] and [e-mail]

Department of Highway Safety & Motor Vehicles

/s/ Kenneth Turkel

Attorney

{BC00023383:1}