NISSAN v. TEXAS DEPT. OF MOTOR VEHICLES

No. 06-19-00007-CV.

592 S.W.3d 480 (2019)

NISSAN NORTH AMERICA, INC., Appellant, v. TEXAS DEPARTMENT OF MOTOR VEHICLES, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Date Decided: November 22, 2019.


Attorney(s) appearing for the Case

Douglas W. Alexander , Lead Counsel, J. Woodfm Jones , Marcy Hogan Greer , Alexander Dubose Jefferson & Townsend, LLP, 515 Congress Ave., Ste. 2350, Austin, TX 78701, Brandon L. Bigelow , James C. McGrath , Caleb J. Schillinger , William N. Berkowitz, Seyfarth Shaw, LLP, Two Seaport Lane, Ste. 300, Boston, MA 02210, for appellant.

Sarah Wolfe , Office of the Attorney General of Texas, Administrative Law Division, P.O. Box 12548, Capitol Station, Austin, TX 78711, for appellee TX Dept. of Motor Vehicles.

Wm. David Coffey III , Martin Alaniz , Lead, Coffey & Alaniz, PLLC, 13810 FM 1826, Austin, TX 78737, for appellee Bates Nissan Inc.

Before Morriss, C.J., Burgess and Stevens, JJ.


OPINION

Nissan North America, Inc., sought to terminate its 1989 Dealer Sales and Service Agreement (Agreement) with Bates Nissan due to Bates' poor sales performance and violation of accepted accounting practices. After an administrative hearing, the Board of the Texas Department of Motor Vehicles

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