Grindlays Bank Ltd. v. Charles Bassett & Associates, Inc.

ROBERT P. SMITH, Jr., Acting Chief Judge.

These are cross-appeals. The trial court’s judgment, imposing an equitable lien in lieu of the statutory mechanic’s lien claimed by appellee Bassett, must be reversed because Bassett’s pleadings neither claimed nor alleged a basis for claiming an equitable lien and potential issues on such a claim were not tried by consent. Charter Development Corp. v. Eversole, 342 So.2d 143 (Fla. 1st DCA 1977); Chandler v. Chandler, 330 So.2d 778 (Fla. 1st DCA 1976), cert. den., 339 So.2d 1167 (Fla.1976). The trial court erred, however, in concluding that Bassett is…