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HILLMAN CONST. CORP. v. WAINER

No. 93-0565.

636 So.2d 576 (1994)

HILLMAN CONSTRUCTION CORPORATION, Appellant, v. Dr. William W. WAINER; Sun Bank, South Florida, N.A., as Co-Trustees of the William W. Wainer Living Revocable Trust, Manny Corti, and Robert Kephart, Appellees.

District Court of Appeal of Florida, Fourth District.

May 11, 1994.

Attorney(s) appearing for the Case

Peter Brandt, Ira L. Libanoff and Kathleen E. Bente of Leiby Ferencik Libanoff and Brandt, P.A., Miami, for appellant.

John W. Bowen of Melvin, Bowen and Melvin, P.A., Fort Lauderdale, for appellee William W. Wainer.

FARMER, Judge.

We reverse a dismissal for failure to state a cause of action. Our reading of the second amended complaint leads us to conclude that count II alleging a claim for unjust enrichment stated a cause of action.1

A general contractor hired by a tenant of commercial premises to construct code compliance and other improvements has sued the owner of the rental property, after the tenant failed to make payment and filed bankruptcy...

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