The 2023 Florida Statutes (including Special Session C)
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. . . Thompson cites to section 320.643, but that statute regulates the holders of dealership licenses and . . .
. . . trumps the provisions of the Dealer Agreement and the Florida Motor Vehicle Dealership Law, Section 320.643 . . . assignment of a franchise agreement unless the assignee complies with all provisions of the agreement. § 320.643 . . . Accordingly, it is ORDERED, ADJUDGED AND DECREED that 11 U.S.C. § 365(f) does not trump Section 320.643 . . .
. . . . § 320.643(1). . . .
. . . Co., 748 So.2d 993, 1000 (Fla.1999) ("In addition to consideration of the plain language of sections 320.643 . . . (1) and 320.643(2), we find that the legislative history underlying those statutory subsections supports . . .
. . . . § 320.643. See Risley v. Nissan Motor Corp. USA, 254 F.3d 1296 (11th Cir.2001). . . . Stat. § 320.643. . . .
. . . Stat. § 320.643. . . . Stat. § 320.643(1). . . . Stat. § 320.643(1). . . . 320.643(2)(a). . . . 320.643(2)(a). . . .
. . . . §§ 320.643(1), 320.643(2)(a), and (2) AutoNation’s lack of business experience, Fla. . . . . §§ 320.643(1), 320.644. Appellants filed a motion to dismiss. . . . Stat. § 320.643(2)(a) provided the sole basis for Appellee to object to the transfer. . . . Stat. § 320.643, when it filed the verified complaint and objected to the transfer of the dealerships . . . The licensee objected to the Taylor transfer and filed a verified complaint under § 320.643. . . .
. . . The Supreme Court of Florida rephrased our original certified question as follows: Does section 320.643 . . .
. . . (1), 320.643(2), and 320.644. . . . We first analyze the relationship between sections 320.643(1) and 320.643(2). . . . (2), not section 320.643(1). . . . Compare § 320.643, Fla. Stat. (1997), and. § 320.644, Fla. Stat. (1997), with § 320.643, Fla. . . . (1) and 320.643(2). . . .
. . . . § 320.643, and Wilson Davis Ford, Inc. gave notice of an intent to change its executive management . . . Stat. § 320.643, in opposing the transfer of equity to Hawkins and Ripley by means of a complaint that . . . Stat. § 320.643(2)(a) governs the prospective transfer of shares in a motor vehicle dealership. . . . Stat. § 320.643(1), under which a manufacturer may object to a proposed transfer on grounds that the . . . Stat. § 320.643(2)(a) provide the exclusive basis for objection by a motor vehicle manufacturer to the . . .
. . . (Mercedes-Benz) cross-appeals the district court’s summary judgment that Mercedes-Benz violated § 320.643 . . . Section 320.643 Section 320.643 provides a procedure through which a licensee may challenge a proposed . . . Fla.Stat. § 320.643(1). . . . Neither state tribunal was required to determine, specifically, whether § 320.643 was violated. . . . As a result, the Taylor transfer was effectuated by operation of law pursuant to § 320.643. . . . (2) Is an automobile manufacturer deemed to have violated Section 320.643 of the Florida Statutes (1985 . . .
. . . proposed transfer of the franchise by Machado to another dealer, Potamkin, was invalid under Section 320.643 . . . Thereafter, GM filed a verified complaint, pursuant to Section 320.643(1), Florida Statutes (1989), as . . . writing to comply with all requirements of the franchise then in effect,” as is required by section 320.643 . . . The crux of the appeals in each case concerns the Department’s interpretation of section 320.643(1), . . . Section 320.643(1) prohibits a dealer from transferring its franchise agreement to another person unless . . .
. . . On May 7, 1991, Ace notified GM of the pending transfer as required by section 320.643(1), Florida Statutes . . . When a manufacturer receives notice that a dealer intends to transfer a franchise, section 320.643(1) . . . The plain meaning of section 320.643(1) is that if a manufacturer does not formally object to the qualifications . . . Section 320.643(1) also limits a manufacturer’s ability to reject a proposed transferee: Notwithstanding . . . Section 320.643 is grounded in public policy. See section 320.605, Florida Statutes (1991). . . .
. . . . § 320.643(1), and in any event the franchise agreement cannot be assigned without the consent of the . . . for 10 consecutive business days constitutes abandonment by the dealer of his franchise agreement.... 320.643 . . .
. . . Although section 320.643(2), Florida Statutes (1985), was the basis for the complaint, MBNA asserted . . . In addition, the verification, which was required by section 320.643(2), merely stated: “I have read . . . See § 320.643, Fla.Stat. (1983). . . . According to MBNA, the application of amended section 320.643 constituted an impairment of the dealer . . . See § 320.643(2)(b), Fla.Stat. (1985). . . .
. . . . § 320.643 which provides in pertinent part: “A motor vehicle dealer shall not transfer, assign, or . . .
. . . remanded the case for reinstatement of all counts except the count asserting relief pursuant to section 320.643 . . .
. . . The lower court also dismissed count II of the complaint after finding that section 320.643, Florida . . .