General Motors Corp. v. Bray

General Motors appeals the trial courts order affirming a final order issued by the Motor Vehicle Division of the Texas Department of Transportation. The Divisions final order finds that GM unreasonably denied the request of Eaton Motor Company, Inc. to transfer its Buick, Pontiac, and GMC franchises to Charles E. Elliott, who was a Chevrolet franchise holder, in violation of the occupations code. See Tex. Occ. Code Ann. §§ 2301.359, .360, .458 (West 2004). The final order also finds that Elliott is qualified to be a Buick, Pontiac, and GMC dealer, which forces GM to accept the transfer. See id. § 2301.360(c). In nine points of error, GM challenges 96 of the 175 findings of fact and four of the five conclusions of law. Because the Divisions interpretation of section 2301.359 of the occupations code contradicts the plain language of the statute, we will reverse portions of the trial courts order and remand certain issues to the Division for further proceedings. We will affirm the remainder of the trial courts order.