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FOX v. PROFESSIONAL WRECKER OPERATORS OF FLORIDA, INC.

No. 5D00-3332.

801 So.2d 175 (2001)

Marianne FOX, et al., Appellants, v. PROFESSIONAL WRECKER OPERATORS OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2001.

Attorney(s) appearing for the Case

David George Hutchison, Key Largo, for Appellants.

Patrick M. Magill, Orlando, for Appellee.

SAWAYA, J.

Marianne Fox appeals the order dismissing ten counts of her fourteen count petition which attempts to allege that the directors of Professional Wrecker Operators of Florida, Inc. [PWOF] breached their fiduciary duty to both PWOF and to Fox. The trial court dismissed the counts of the petition with prejudice finding that (1) Fox did not have standing to bring the action on behalf of herself or any member of PWOF; (2) Fox failed to state a derivative cause...

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