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FLORIDA DEPT. OF HIGHWAY SAFETY v. JM AUTO

No. 1D07-2662.

977 So.2d 733 (2008)

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Winter Park Imports, Inc., d/b/a Lexus of Orlando, Florida Automobile Dealers Association, and South Florida Auto-Truck Dealers Association, Inc., Appellants, v. JM AUTO, INC., d/b/a JM Lexus, Appellee.

District Court of Appeal of Florida, First District.

March 25, 2008.

Attorney(s) appearing for the Case

Michael J. Alderman, Department of Highway Safety and Motor Vehicles, Tallahassee; John W. Forehand, Walter E. Forehand and M. Christopher Lyon of Lewis, Longman & Walker, P.A, Tallahassee; Ladd H. Fassett of Fassett, Anthony & Taylor, P.A, Orlando; A. Edward Quinton, III, of Adams, Quinton & Paretti, PA, Miami; Alex Kurkin and Marc E. Brandes of Pathman Lewis, LLP, Miami, for Appellants.

Dean Bunch and J. Andrew Bertron Jr., of Sutherland Asbill & Brennan LLP, Tallahassee; David S. Kurtzer-Ellenbogen of Williams & Connolly LLP, Washington, D.C, for Appellee.

PER CURIAM.

Appellants challenge a final order of the administrative law judge finding Florida Administrative Code rule 15C-7.005 invalid. We affirm.

We review the ALJ's conclusions of law de novo. See, e.g., Parlato v. Secret Oaks Oimers Ass'n, 793 So.2d 1158, 1162 (Fla. 1st DCA 2001). Rule 15C-7.005 purports to regulate "unauthorized additional motor vehicle dealerships" and "unauthorized supplemental dealership...

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