Mutchnik, Inc. Construction v. Dimmerman

Mutchnik, Inc. Construction appeals the entry of an adverse final judgment, arguing that the trial court based its decision on an affirmative defense, working without a building permit, which had not been raised by the pleadings. We agree with Mutchnik’s argument and reverse.

This case arises out of a dispute over payment for labor and construction. Mutchnik formed an oral contract -with appellees Robert and Rochelle Dimmer-man for construction on their Miami Beach property. Mutchnik alleged that, after performing about $17,000 worth of work and submitting an invoice, the Dimmer-mans locked…