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LARRY DIMMITT CADILLAC, INC. v. SEACREST CADILLAC, INC.

No. 89-01534.

558 So.2d 136 (1990)

LARRY DIMMITT CADILLAC, INC., Appellant, v. SEACREST CADILLAC, INC.; Cadillac Motor Car Division, General Motors Corporation; and Department of Highway Safety and Motor Vehicles, Appellees.

District Court of Appeal of Florida, First District.

March 12, 1990.

Attorney(s) appearing for the Case

Daniel E. Myers and Walter E. Forehand of Myers & Forehand, Tallahassee, for appellant.

William C. Owen and F. Townsend Hawkes of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, for Florida Automobile Dealers Ass'n, Amicus Curiae.

Edward W. Risko, Office of General Counsel, General Motors Corporation, Detroit, and Dean Bunch and Marvin E. Chavis of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Tallahassee, for appellee General Motors Corp.

Michael A. Fogarty and Linda Julin McNamara of Glenn, Rasmussen, Fogarty, Merryday & Russo, Tampa, for appellee Seacrest Cadillac, Inc.

BOOTH, Judge.

This cause is before us on appeal of an order licensing appellee Seacrest Cadillac, Inc. as a new Cadillac motor vehicle dealer in Port Richey, Florida. After careful consideration, we affirm.

The record reflects that three Cadillac dealers are currently operating in the Tampa Bay Multiple Dealer Area (MDA). Appellant is closest to the proposed dealership site and the only dealer to file a protest....

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