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Nissan North America, Inc.v.Walker-Jones Nissan, Llc

CourtCourt of Appeals of Georgia
Docket No.A17A2018
DecidedMarch 8, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilBusiness LawContract LawStatutory InterpretationFirst ImpressionPreliminary InjunctionReversalRemand
Case Summary

Walker-Jones Nissan sought to block Nissan North America from exercising a statutory right of first refusal in connection with a proposed sale of a Nissan dealership. The trial court granted an interlocutory injunction after concluding that Nissan had to prove both that its refusal was not arbitrary and that the proposed buyer was unfit or unqualified. The Georgia Court of Appeals reversed. It held that the franchisor’s statutory right of first refusal operated independently from the separate transfer provisions governing a refusal to approve a proposed buyer. When Nissan exercised the right of first refusal, it did not have to satisfy the additional requirements imposed on an ordinary refusal to approve a transfer. Because Walker-Jones had not shown a likelihood of success on the legal theory supporting the injunction, and had not established irreparable injury on any other pleaded theory, the court reversed the injunction and remanded for further proceedings.

Opinion

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