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SIMS v. DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES

No. 86-3055.

832 F.2d 1558 (1987)

Myra Holladay SIMS and Florida Import and Compliance Association, Plaintiffs-Appellees, v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 2, 1987.

Attorney(s) appearing for the Case

Eric J. Taylor, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for defendant-appellant.

William C. Owen, Carlton, Fields, Ward, Emmanuel, George N. Meros, Tallahassee, Fla., amicus: Fla. Auto. Dealers Ass'n.

Susan Greco Tuttle, Moffitt, Hart & Miller, Tampa, Fla., amicus: Import Auto. Dealers of Florida, Inc.

Edward T. O'Donnell, Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Fla., amicus: Mercedes-Benz of North America, Inc.

Robert P. Smith, Jr., Tallahassee, Fla., for plaintiffs-appellees.

Before TJOFLAT and HATCHETT, Circuit Judges, and EATON, District Judge.

HATCHETT, Circuit Judge.

The State of Florida, and the Department of Highway Safety and Motor Vehicles, appeal from the district court's declaration that Florida Statute § 320.02(9) is unconstitutional because it is preempted under the supremacy clause and violates the commerce clause of the United States Constitution. We affirm in part and remand.

FACTS

On April 30, 1985, Myra Holladay Sims imported from Europe an automobile popularly known...

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