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RUCK BROS. BRICK v. KELLOGG & KIMSEY

No. 94-03991.

668 So.2d 205 (1995)

RUCK BROTHERS BRICK, INC., a Florida corporation, Appellant, v. KELLOGG & KIMSEY, INC., a Florida corporation, and Certified Structural Services, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 16, 1996.

Attorney(s) appearing for the Case

Robert J. Coleman of Coleman & Coleman, Fort Myers, for Appellant.

David E. Gurley and Natalee A. Herrig of Norton, Moran, Hammersley, Dunlap, Gurley & Lopez, P.A., Sarasota, for Kellogg & Kimsey, Inc.

No appearance for Certified Structural Services, Inc.

QUINCE, Judge.

Ruck Brothers Brick Inc. (Ruck Brothers) appeals an involuntary dismissal of its claim for unjust enrichment. Because it is clear that Kellogg & Kimsey, Inc. (Kellogg & Kimsey) received a substantial benefit without compensation, we reverse.

Kellogg & Kimsey was the general contractor for a school construction project in Charlotte County, Florida. It hired Certified Structural Services, Inc. (Certified) as the masonry subcontractor...

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