DIAMOND "S" DEVELOPMENT CORPORATION v. MERCANTILE BANK

Nos. 1D07-5967, 1D08-0427.

989 So.2d 696 (2008)

DIAMOND "S" DEVELOPMENT CORPORATION, Appellant, v. MERCANTILE BANK, a Florida banking corporation, Appellee. Tierra Holdings, Ltd., Appellant, v. Mercantile Bank, a Florida banking corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 8, 2008.


Attorney(s) appearing for the Case

Raymond T. Elligett, Jr. of Buell & Elligett, P.A., Tampa, for Appellants.

Michael G. Tanner, Thomas E. Bishop, and Stuart F. Williams of Tanner Bishop, Jacksonville, for Appellee.


PER CURIAM.

In these consolidated appeals, appellants seek review of final judgments entered against them for unjust enrichment. Florida courts have held that a plaintiff cannot pursue a quasi-contract claim for unjust enrichment if an express contract exists concerning the same subject matter. Ocean Commc'ns, Inc. v. Bubeck, 956 So.2d 1222, 1225 (Fla. 4th DCA 2007); Kovtan v...

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