Collins v. Bannon

WHATLEY, Judge.

Robert C. Collins and Phyllis Collins appeal a final judgment entered after a bench trial in favor of Brenda Fay Bannon and Otis Scott Jeffrey. The final judgment found that a real estate agreement between the parties was unenforceable because there was no meeting of the minds. We agree with the Collinses that the trial court improperly based the final judgment on this issue where neither party raised it.

A judgment may not be based on an issue that has not been framed by the pleadings, noticed for hearing, or litigated by the parties. See Gordon v. Gordon, 543 So.2d 428 (Fla.…