TARGET DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
BEST COUNTY WIDE CONSTRUCTION CORPORATION, A FLORIDA CORPORATION, APPELLEE
PER 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 performance, because the trial court failed to expressly resolve that factual issue.
Reversed and remanded for further proceedings.
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Schipani v. Seagraves, Inc., 772 So. 2d 591 (Fla. 5th DCA 2000)…Seagraves could not plead that an express contract provided the basis for his foreclosure of lien under Chapter 713 and then foreclose based on an unpled implied contract.3 Cf. Target [*593] Development Corp. v. Best County Wide Construction Corp., 457 So. 2d 1146 (Fla.. 3d DCA 1984); Boyce Construction Corp. v. District Board of Trustees of Valencia Community College, 414 So. 2d 634 (Fla. 5th DCA 1982). The parties did not try the issue by implied consent. “[A]n unpled theory may not be tried by implied con…
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Specialty Rests. Corp. v. D.K. Patterson Constr. Co., Inc., 582 So. 2d 1220 (Fla. 2d DCA 1991)…pecialty) appeals a judgment in favor of Patterson based upon unjust enrichment which was neither pleaded nor was there evidence presented to support same. We reverse on the basis of Target Development Corp. v. Best County Wide Construction Corp., 457 So. 2d 1146 (Fla. 3d DCA 1984) and Boyce Construction Corp. v. District Board of Trustees of Valencia Community College, 414 So. 2d 634 (Fla. 5th DCA 1982) (one cannot recover on a claim for unjust enrichment when the issue was neither pleaded nor tried by the…
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- Boyce Constr. Corp. & United States Fid. & Guar. Co. v. The Dist. Bd. OF Trs. OF Valencia Cmty. Coll. f/u/b/o Diversified Design Enters., Inc., 414 So. 2d 634 (Fla. 5th DCA 1982)