Legal Opinion
Target Development Corporation v. Best County Wide Construction Corp.
District Court of Appeal of Florida
Decided October 23, 1984No. 83-1499PublishedCited by 3 opinions
1Per curiam
In this action based on foreclosure of a mechanic’s lien, the property owner appeals a judgment in favor of the lienholder. We reverse on authority of Boyce Construction Cory. v. District Board of Trustees of Valencia Community College, 414 So.2d 634 (Fla. 5th DCA 1982), a case which is factually similar to this one.
As in Boyce, no evidence was presented to the trial court which could support a finding here that an unpleaded issue— quantum meruit — was tried by the express or implied consent of the property owner. Neither will we affirm the judgment on the alternative theory of substantial…
2Cases cited1 opinion
- Boyce Const. Corp. v. DISTRICT BD., ETC.District Court of Appeal of Florida · 1982
3Cited by3 opinions
- Schipani v. Seagraves, Inc.District Court of Appeal of Florida · 2000
- HARMON PARKER, P. A., F/K/A DAVIS & HARMON, P. A. v. SANTEK MANAGEMENT, L L C A/A/O THE GERBER LAW GROUP, P. A.District Court of Appeal of Florida · 2020
- Specialty Restaurants Corp. v. D.K. Patterson Construction Co.District Court of Appeal of Florida · 1991