CopyCited 32 times | Published | Supreme Court of Florida | 1975 Fla. LEXIS 3544
...Owen, of McClure & Wigginton, Tallahassee, for Florida Auto. Dealers Assn., amicus curiae. ENGLAND, Justice. This case is here on direct appeal from an order of the Broward County Circuit Court which upheld the constitutionality of Sections
320.641 and
320.695, Florida Statutes....
...ated April 30, 1970. On June 12, 1974, Yamaha acted without notice to terminate the franchise agreement between the parties and to suspend future sales and distribution of motorcycles or parts to U-Cycle. Shortly thereafter, U-Cycle filed suit under Section
320.695, Florida Statutes, seeking a temporary and a permanent injunction against Yamaha and asking that the court reinstate the franchise contract. Following a series of procedural events not pertinent to this appeal, [1] the trial court entered an order granting U-Cycle the relief it requested. In that order the trial court found Sections
320.641 and
320.695, Florida Statutes, to be constitutional, and it held that Yamaha's contract termination was invalid for failure to provide 90 days notice of termination as required by Section
320.641(1)(a). That order is the subject of this appeal. Sections
320.641 and
320.695, enacted in 1970, became effective on January 1, 1971 after Yamaha and U-Cycle established their franchise relationship....
...A franchisee is authorized to file a complaint with the agency during the 90 day period "for a determination of unfair discontinuation or cancellation," and by so doing the proposed cancellation is deferred "until final determination by the department of the issues raised in such complaint." [5] Section 320.695 authorizes injunctive relief for a failure to comply with this notice provision....
...We hold that the Section
320.641, Florida Statutes, applies prospectively to motor vehicle franchise contracts signed after its effective date. [14] U-Cycle's 1970 contract with Yamaha is not affected by that provision, and in the absence of any other alleged violation of Sections
320.60 through
320.70, Section
320.695 has no applicability to this case....
...n on July 5, 1974 with a letter of termination "effective immediately." The validity of Yamaha's termination, however, or the legal consequence of a premature or unwarranted cancellation, is not an issue in this case. This case is grounded solely on Section 320.695, Fla. Stat., which authorizes injunctive relief. [14] We do not now pass on the constitutionality of that statute, or Section 320.695, as applied to post-1970 franchise contracts.
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1997 WL 174345
...We agree with the trial court's finding that appellant was not a "motor vehicle dealer" under the Florida ADDA. Appellant alleges violation of section
320.641, unfair cancellation of franchise agreements; section
320.645, restriction upon ownership of *65 dealership by licensee; section
320.695, injunction; and section
320.697, civil damages....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 3213, 1993 WL 74951
...e purpose of enforcing compliance by licensees and that these remedies are, in some instances, both alternative and cumulative. For example, the provision for stay of a threatened termination found in section
320.641(3) is not exclusive, since under
320.695, the dealer may apply to the circuit court for the issuance of a temporary or permanent injunction against a licensee to prohibit a violation of any provision of sections
320.60-320.70, and the injunction shall be issued without bond. The only limitation on the availability of injunctive relief in the circuit court is that this remedy "shall not be applicable to any motor vehicle dealer after final determination by the Department under s.
320.641(3)." §
320.695, Fla....
...the threatened termination of the franchise was unfair or prohibited. As above-noted, the statutory scheme does not lend itself to this interpretation, but in fact indicates the opposite. The only waiver provision found is the one incorporated into section
320.695, noted above, which precludes resort to a court for an injunction after final determination by DHSMV under section
320.641(3)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Opinion will follow at a later date. RAWLS, C.J., and SPECTOR and BOYER, JJ., concur. OPINION PER CURIAM. The appellants, plaintiffs below, hereinafter referred to as "Ship & Shore", filed a complaint in the Circuit Court in and for Leon County pursuant to Florida Statute
320.695, F.S.A., seeking to have the appellees, defendants in the trial court, hereinafter referred to as "Leyland", enjoined *578 from discontinuing, cancelling or failing to renew a certain agreement between the parties until complying with Florida Statute
320.641, F.S.A....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 10379, 2011 WL 2581758
...In its third amended complaint, plaintiff below, Winter Park Imports, Inc., d/b/a Lexus of Orlando, brought an action against the defendants based on alleged violations of the Florida Motor Vehicle Dealer Act, sections
320.60-.70, Florida Statutes (2005). Pursuant to section
320.695, [1] the plaintiff sought injunctive relief *338 to 1) prohibit defendants from owning or operating a Lexus dealership in Orange County, Florida, 2) prohibit defendants, JM Family, JM Auto, and Southeast Toyota from owning or operatin...
...ision to the extent that it holds that section
768.79 is inapplicable where a party's general offer of settlement is directed to a claim in *342 which both damages and non-monetary relief is sought. AFFIRMED. LAWSON and TORPY, JJ., concur. NOTES [1] Section
320.695 Injunction.In addition to the remedies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department, or any motor vehicle dealer in the name of the department and state and for the use an...
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ts to the proposed transferee as unqualified. Instead of filing a complaint, GM responded to Ace's notification of transfer by exercising its right of first refusal. Bayview filed suit against GM and Ace. Bayview sought injunctive relief pursuant to section 320.695, Florida Statutes (1989), which allows actions to be brought in the name of the Department of Highway Safety and Motor Vehicles for the use and benefit of motor vehicle dealers....
