COLLINS v. BANNON

No. 2D00-1299.

774 So.2d 66 (2000)

Robert C. COLLINS and Phyllis Collins, Appellants, v. Brenda Fay BANNON and Otis Scott Jeffrey, Appellees.

District Court of Appeal of Florida, Second District.

November 8, 2000.


Attorney(s) appearing for the Case

Jack D. Hoogewind, Dade City, for Appellants.

Roland D. Waller of Waller & Mitchell, New Port Richey, for Appellees.


WHATLEY, Judge.

Robert C. Collins and Phyllis Collins appeal a final judgment entered after a bench trial in favor of Brenda Fay Bannon and Otis Scott Jeffrey. The final judgment found that a real estate agreement between the parties was unenforceable because there was no meeting of the minds. We agree with the Collinses that the trial court improperly based the final judgment on this issue where neither party raised it.

A judgment may not be based on an issue...

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