BAYVIEW BUICK-GMC TRUCK, INC. v. GMC

No. 91-3100.

597 So.2d 887 (1992)

BAYVIEW BUICK-GMC TRUCK, INC., Salhany Investments, Inc., and Florida Dept. of Highway Safety and Motor Vehicles, f/u/b/o Bayview Buick-GMC Truck, Inc., Appellants, v. GENERAL MOTORS CORPORATION and Ace Golden Oldsmobile, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 19, 1992.


Attorney(s) appearing for the Case

Daniel E. Myers and Walter E. Forehand of Myers & Forehand, Tallahassee, and Leslie J. Barnett of Barnett, Bolt, Kirkwood & Long, Tampa, for appellants.

Dean Bunch of Cabaniss, Burke & Wagner, P.A., Tallahassee, and Edward W. Risko, Office of the General Counsel, General Motors Corp., Detroit, Mich., for appellees.

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

James D. Adams, Boca Raton, for South Florida Auto Truck Dealers Ass'n, amicus curiae.


SHIVERS, Judge.

This appeal is from an order granting final judgment in favor of a motor vehicle manufacturer that exercised its contractual right of first refusal to acquire a dealership. The plaintiff is a buyer who negotiated a transfer of the dealership with the owner and sought to enjoin the manufacturer from exercising its right of first refusal. We reverse.

Ace Golden Oldsmobile, Inc. (Ace) is an authorized Oldsmobile dealer pursuant to an agreement...

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