BARNARD & RUSSELL ENTERPRISES, INC., ETC., PETITIONER,
v.
JOHN D. CALVIN, ETC., ET AL., RESPONDENTS, AND P & M TRANSIT COMPANY, INC., DOING BUSINESS AS HONDA OF DAYTONA, INTERVENOR
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PER CURIAM.
This is a petition for certiorari pursuant to the Administrative Procedure Act, Chapter 120, Florida Statutes, F.S.A., to review the final order of respondent granting an application of P & M Transit Company, Inc., doing business as Honda of Daytona, for a license as a motor vehicle dealer to sell Honda products in the Day-tona area. Respondent here made substantially the same findings in granting an application in Hess Marine, Inc. v. Calvin, Fla.App., 296 So. 2d 114, in which this court’s opinion has been filed on this date. The rulings of this court in Hess Marine, Inc., likewise apply in this case. Respondent’s findings do not meet the requirements of Section 320.642, Florida Statutes, F.S.A., for .the granting of this application and preclude the granting of same since respondent affirmatively found that the presently licensed franchise dealer is furnishing adequate service in its locality.
Certiorari is granted, respondent’s order is quashed, and respondent is directed to rescind the license issued to intervenor, P & M Transit Company, Inc., doing business as Honda of Daytona.
RAWLS; C. J., and McCORD and JOHNSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bill Kelley Chevrolet, Inc. v. Calvin, 322 So. 2d 50 (Fla. 1st DCA 1975)…e part of the territory. The Director’s finding that Chevrolet’s representation in the territory is inadequate distinguishes this case from Hess Marine, Inc. v. Calvin, 296 So. 2d 114 (Fla.App. 1st, 1974) and Barnard & Russell Ent., Inc. v. Calvin, 296 So. 2d 115 (Fla.App. 1st, 1974). See Lynch-Davidson Motors, Inc. v. Calvin, 311 So. 2d 792 (Fla. App.1st, 1975). We have also considered, but we cannot sustain, petitioners’ other point of attack upon the Director’s order. The petition for review is Dismisse…
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Barnard & Russell Enters., Inc. v. Calvin, 312 So. 2d 780 (Fla. 1st DCA 1975)…aytona, a license as a motor vehicle dealer. The same parties were before this court on a previous order granting the same authority to Honda of Daytona and that order was quashed. See Barnard and Russell Enterprises, Inc. v. Calvin, Fla.App. (1st), 296 So. 2d 115. Petitioner states, among other things, that after respondent Calvin rescinded the previous license, Honda of Daytona filed a petition for rehearing and subsequently filed a new application; that petitioner cannot tell whether the subsequent hearin…
Authorities Cited
- Hess Marine, Inc. v. Calvin, 296 So. 2d 114 (Fla. 1st DCA 1974)