CHRISTOPHER R. MAZZELLA, INDIVIDUALLY AND AS INSPECTOR GENERAL OF MIAMI-DADE COUNTY, FLORIDA, PETITIONER,
v.
DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC., AND MIAMI-DADE COUNTY, FLORIDA, RESPONDENTS

Fla. 3d DCA | 2007-07-25
No. 3D07-442
Before GERSTEN, C.J., and SHEPHERD and SUAREZ, JJ.
971 So. 2d 803 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 6 cases
Opinion of the Court
SUAREZ, J.

SUAREZ, J.

Christopher R. Mazzella, individually, and as Inspector General of Miami-Dade County, Florida, petitions this court for a writ of prohibition to prevent the trial court from proceeding with this action. Specifically, petitioner alleges that the trial court lacks subject matter jurisdiction. We deny the petition for prohibition. See Fla. Home Builders Ass’n v. Dep’t of Labor & Employment Sec., 412 So. 2d 351 (Fla.1982); City of Lynn Haven v. Bay County Council of Registered Architects, Inc., 528 So. 2d 1244 (Fla. 1st DCA 1988).

Petition for Writ of Prohibition denied.

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  • The Real Est. Value Co., Inc. v. Carnival Corp., 92 So. 3d 255 (Fla. 3d DCA 2012)
    …1994)). “An implied fiduciary relationship will lie when there is a degree of dependency on one side and an undertaking on the other side to protect and/or benefit the dependent party.” Crusselle, 59 So. 3d at 1181 (quoting Masztal v. City of Miami, 971 So. 2d 803, 809 (Fla. 3d DCA 2007)) (emphasis added). In its second amended complaint, TRIP$ did not allege the existence of an express fiduciary relationship. Instead, TRIP$ claimed that an implied fiduciary relationship arose under the TRIP$-Carnival Contra…
  • Grosso v. Fid. Nat'l Title Ins. Co. & Janet Figueroa, 983 So. 2d 1165 (Fla. 3d DCA 2008)
    …s representative. A named class representative and his or her counsel serve the class in a fiduciary capacity because class plaintiffs undertake the litigation to protect and benefit the dependent class members they serve. Masztal v. City of Miami, 971 So. 2d 803 (Fla. 3d DCA 2007) (citing Maxwell v. First United Bank, 782 So. 2d 931, 934 (Fla. 4th DCA 2001)). The relationship between the class and class representatives must be free from conflicts of interest, and the adequacy analysis “serves to uncover con…
  • Crusselle v. Mong, 59 So. 3d 1178 (Fla. 5th DCA 2011)
    …Doe v. Evans, 814 So. 2d 370, 374 (Fla.2002). “An implied fiduciary relationship will lie when there is a degree of dependency on one side and an undertaking on the other side to protect and/or benefit the dependent party.” Masztal v. City of Miami, 971 So. 2d 803, 809 (Fla. 3d DCA 2007). “A fiduciary relation may result from an offer of assistance where the nature of the proposal is one that is naturally calculated to repose confidence and trust, in the one making the proposal. The relation and correlative d…

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