Specialty Restaurants Corp. v. D.K. Patterson Construction Co.

RYDER, Acting Chief Judge.

This action is based on damages allegedly suffered by D.K. Patterson Construction Company, Inc. (Patterson) for breach of a construction contract, and Specialty Restaurants Corporation (Specialty) appeals a judgment in favor of Patterson based upon unjust enrichment which was neither pleaded nor was there evidence presented to support same.

We reverse on the basis of Target Development Corp. v. Best County Wide Construction Corp., 457 So.2d 1146 (Fla. 3d DCA 1984) and Boyce Construction Corp. v. District Board of Trustees of Valencia Community College, 414 So.2d 634…