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MERCEDES-BENZ OF N.A. v. DEPT. OF M.V.

No. 83-895.

455 So.2d 404 (1984)

MERCEDES-BENZ OF NORTH AMERICA, INC., a Delaware Corporation, Appellant, v. 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, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 7, 1984.

Attorney(s) appearing for the Case

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

J. Robert McClure, Jr. of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for appellee Fifth Ave. Motors, Ltd.

Joseph W. Letzer of Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., for appellee Dwayne Hawkins.

RYDER, Chief Judge.

This appeal involves the application of the New Jersey "Franchise Practices Act," sections 56:10-1 — 56:10-10, New Jersey Statutes (1971),1 to a case involving an attempt by the original automobile franchisee to transfer the franchise to a third party. In this appeal, Mercedes-Benz of North America, Inc. (MBNA), a New Jersey franchisor and the defendant below in an...

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