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EDWARDS v. KIA MOTORS OF AMERICA, INC.

No. 06-14306.

554 F.3d 943 (2009)

Edwin L. EDWARDS, individually, ELL 12, LLC, d/b/a Huntsville Kia, Plaintiffs-Appellants, v. KIA MOTORS OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 6, 2009.

Attorney(s) appearing for the Case

Thomas E. Baddley, Jr., M. Jay Rhodes, Jeffrey P. Mauro, Baddley & Mauro, L.L.C., Birmingham, AL, for Plaintiffs-Appellants.

John Albert Smyth, III, Fournier J. Gale, III, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant-Appellee.

Robert Austin Huffaker, Jr., Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Amicus Curiae.

Before HULL and MARCUS, Circuit Judges, and BARZILAY, Judge.

BARZILAY, Judge:

The issue in this case concerns the application of the Alabama Motor Vehicle Franchise Act ("Franchise Act" or "the Act") to a retrospective mutual release agreement (the "Release")1 between Appellants Edwin Edwards and ELL 12,2 and Appellee Kia Motors America, Inc. ("KMA"). See Ala.Code § 8-20-11. Unable to determine whether the relevant provisions of the Franchise Act did in fact...

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