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DEPT. OF M. VEH., ETC v. MERCEDES-BENZ, ETC.

No. 81-420.

408 So.2d 627 (1981)

The DEPARTMENT OF MOTOR VEHICLES of the state of Florida, for the Use and Benefit of FIFTH AVENUE MOTORS, LTD., a Florida Corporation, d/b/a International Motor Cars, Ltd. and Dwayne Hawkins, an Individual; Fifth Avenue Motors, Ltd., a Florida Corporation, d/b/a International Motor Cars, Ltd.; Dwayne Hawkins, an Individual,Appellants, v. MERCEDES-BENZ OF NORTH AMERICA, INC., a Delaware Corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 16, 1981.

Attorney(s) appearing for the Case

Joseph W. Letzer of Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., Wayne Thomas of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, for appellants.

W.O. Birchfield and Dennis, E. Hayes of Martin, Ade, Birchfield & Johnson, Jacksonville, for appellee.

J. Robert McClure, Jr., of McClure, Wigginton & Owen, P.A., Tallahassee, for amicus curiae Fla. Auto. Dealers Association.

Walter E. Huizenga, Chief Counsel, and Rhonda P. Kurtis, Staff Atty., McLean, Va., for amicus curiae Nat. Auto. Dealers Association.

SCHOONOVER, Judge.

The appellants, plaintiffs below, appeal an order of the lower court dismissing their complaint with prejudice. We hold that the appellants have alleged a cause of action which, if proved, would require the application of New Jersey law to their attempt to transfer an automobile franchise and accordingly reverse.

On September 24, 1976, the appellant, Fifth Avenue Motors Ltd, d/b/a International...

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