GOSSETT MOTOR CARS, LLC v. HYUNDAI MOTOR AMERICA, INC. ET AL. - Articles

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Posted by: Tanja Trezise on Aug 3, 2012

Court: TN Court of Appeals

Attorneys 1:

Gary E. Veazey and Samuel J. Muldavin, Memphis, Tennessee, for the appellant, Gossett Motor Cars, LLC.

Attorneys 2:

Jon D. Ross and Gerald Neenan, Nashville, Tennessee, for the appellee, Hyundai Motor America, Inc.; James William Cameron and Patrick W. Merkel, Brentwood, Tennessee, for the appellee/intervenor, Homer Skelton Auto Sales, LLC; and Mary Ellen Knack, Nashville, Tennessee, for the appellee/intervenor, Tennessee Motor Vehicle Commission.

Judge(s): BENNETT

This appeal concerns a car dealership’s protest of Hyundai’s proposal to enter into a franchise agreement with another dealership in the same market area. During the pendency of a contested case proceeding, the Tennessee Motor Vehicle Commission issued a license to the second dealership, which began doing business. Denied relief at the administrative level, the protesting dealership filed a petition in chancery court. The chancellor found that the motor vehicle commission had erred in dismissing the contested case proceeding of the protesting dealership, but dismissed the petition based upon the conclusion that the matter was now moot. We agree with the chancellor’s conclusion and affirm.