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MUTCHNIK, INC. CONST. v. DIMMERMAN

No. 3D08-2805.

23 So.3d 809 (2009)

MUTCHNIK, INC. CONSTRUCTION, Appellant, v. Robert DIMMERMAN and Rochelle Dimmerman, Appellees.

District Court of Appeal of Florida, Third District.

December 2, 2009.

Attorney(s) appearing for the Case

Adorno & Yoss, and John J. Shahady, and Thomas R. Shahady, Fort Lauderdale, for appellant.

Gray Robinson, and Juan C. Martinez, Miami, for appellees.

Before RAMIREZ, C.J., and GERSTEN, and SHEPHERD, JJ.

RAMIREZ, C.J.

Mutchnik, Inc. Construction appeals the entry of an adverse final judgment, arguing that the trial court based its decision on an affirmative defense, working without a building permit, which had not been raised by the pleadings. We agree with Mutchnik's argument and reverse.

This case arises out of a dispute over payment for labor and construction. Mutchnik formed an oral contract with appellees Robert and Rochelle Dimmerman for construction...

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