Gardner v. Caldes

OPINION OF THE COURT

Appellants, Plaintiffs below, appeal from a Final Judgment granting, in part, injunctive relief not requested in any pleading.

The general rule is that a judgment based upon a matter entirely outside the pleadings cannot stand. Cortina v. Cortina, 98 So.2d 344 (Fla. 1957); Kornbluh v. Lowenberg, 401 So.2d 880 (Fla. 3rd DCA, 1981).

Accordingly, those portions of the Final Judgment granting injunc*129tive relief are reversed. In all other respects, the Final Judgment is affirmed.1

It is so ordered.

Appellants brought suit against appellee in County Court alleging that appellee…