ALLEN DAMRON CONSTRUCTION COMPANY, APPELLANT,
v.
RONNIE MICKENS AND GLORIA J. MICKENS, APPELLEES

Fla. 2d DCA | 1998-12-18
No. 98-00882
NORTHCUTT and SALCINES, JJ., Concur.
725 So. 2d 1174 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Damron Construction appeals a final judgment on the Mickens' counterclaim that ordered Damron to purchase a replacement residential lot for the Mickens and return their original property. The appellate court reverses because the relief granted was not supported by the pleadings or evidence and was not requested by either party.


Holding

The court reversed the judgment because the relief provided was not supported by the pleadings or evidence and was not requested by either party. A trial court cannot impose a remedy, however equitable in theory, that exceeds what the parties sought and what the record supports.


Headnotes

[1] A court cannot grant relief that is not supported by the pleadings or the evidence presented at trial.

[2] A court cannot grant relief that was not requested by any party to the action.

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Key Quotes

“the relief provided in the final judgment is not supported by the pleadings or the evidence and was not requested by either party”

Establishes the core basis for reversal—the judgment exceeded the scope of pleaded and requested relief

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Facts & Procedural History

Damron Construction contracted with the Mickens to build a single-family residence on the Mickens' property. To secure financing, Damron obtained a qu…

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Opinion of the Court
PATTERSON, Acting Chief Judge.

PATTERSON, Acting Chief Judge.

Allen Damron Construction Company (Damron) appeals from an adverse final judgment entered on Ronnie and Gloria Mickens’ counterclaim. We reverse because the relief provided in the final judgment is not supported by the pleadings or the evidence and was not requested by either party.1

This controversy arises from a contract between Damron and the Mickens for the construction of a single family residence on land the Mickens owned. To facilitate financing of the project, Damron obtained from the Mickens a quit-claim deed to their lot and-used that deed to obtain a construction loan in Damron’s name from Chase Federal Bank, FSB. Damron gave Chase a promissory note and first mortgage on the property, which Chase recorded.

During the course of construction, irreconcilable differences arose between the parties and, when the house was completed, Damron sued the Mickens for specific performance and breach of contract. The Mickens responded with a multi-count counterclaim which sought various types of relief, including damages and cancellation of the quitclaim deed.

At the conclusion of a nonjury trial, the trial court held the quit-claim deed to be “void ab initio,” finding that Damron had obtained it by fraud and that it was not executed in compliance with section 689.01, Florida Statutes (1995). The court then determined that “equity requires a remedy fashioned to justly compensate the Mickens for their damages but allow Damron Construction to extricate itself from a situation caused by its actions and obtain what financial benefit it might from the sale of the lot and residence.” The court ordered Damron to purchase for the Mickens a residential lot of their choice for the sum of not less than $60,000.2 Upon the closing of the selected lot, the Mickens were ordered to transfer the original lot and house back to Damron. We can understand the difficulty presented to the trial court in presiding over this case. The Mickens changed lawyers several times and on occasions appeared pro se. The record is replete with unnecessary motions and hearings which consumed the trial court’s time and would explain the trial court’s frustration. We cannot, however, affirm a judgment unsupported by the record and objected to by both parties. We therefore reverse and remand for the entry of a new judgment which is supported by the record.3 Although not raised by either party, we bring to the trial court’s attention that, if it again bases its final judgment on the determination that the deed is void, Chase (or its successors in interest) is an indispensable party to the action.

Reversed and remanded.

NORTHCUTT and SALCINES, JJ., Concur. . Although the Mickens have not cross-appealed this issue, they did protest the trial court's disposition in their postjudgment motion for reconsid--eration and clarification.

. The original value of the Mickens’ lot was $25,-000. The court later clarified the $60,000 amount by saying it included the Mickens’ attorney’s fees. No hearing was held to determine attorney’s fees.

. The record is silent as to the disposition of Damron’s original lawsuit.


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Citator

Cited By

  • LEE v. Cole, 46 So. 3d 612 (Fla. 2d DCA 2010)
    …summary judgment was inappropriately granted because Mr. Hodgson is an indispensable party. Where a party seeks to have a deed declared void, all holders of legal title to the property are indispensable parties. Allen Damron Constr. Co. v. Mickens, 725 So. 2d 1174, 1175 (Fla. 2d DCA 1998); Allman v. Wolfe, 592 So. 2d 1261, 1262-63 (Fla. 2d DCA 1992). An indispensable party is one whose legal or beneficial interest in the subject matter makes it impossible to completely adjudicate the matter without affecting…
  • Mickens v. Allen Damron Constr. Co., 890 So. 2d 1139 (Fla. 2d DCA 2004)
    …es, costs, and a requirement that Damron purchase a new lot for the Mickenses; in return, the Mick-enses were to deed Damron the lot and the allegedly improperly constructed house. On appeal, this court reversed. Allen Damron Constr. Co. v. Mickens, 725 So. 2d 1174 (Fla. 2d DCA 1998). Thereafter, a successor circuit judge again entered a final judgment against Damron Construction, ordering the rescission of the construction contract but also requiring the Mickenses to pay reasonable costs of materials and labo…

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