Diamond" S" Development Corporation v. Mercantile Bank
Cases that cite this one
66 later published cases cite this decision. The 21 that cite it most often are listed here.
- L3Harris Technologies, Inc. v. Moog Inc. (United States District Court for the Middle District of Florida 2025)
- MONY Life Insurance Company v. Bernard R. Perez (11th Cir. 2025)
- Litigation Lawyers, Professional Association v. Harbison (District Court, E.D. Missouri 2025)
- Wilson v. Eyerbank, N.A. (United States District Court for the Southern District of Florida 2015)
- Jean Resnick v. AvMed, Inc. (11th Cir. 2012)
- Tierra Holdings, Ltd. v. Mercantile Bank (Fla. Dist. Ct. App. 2011)
- Daniel J. Shamy, as Personal Representative of the Estate of Joseph E. Shamy v. Shovel Ready Projects, LLC (Fla. Dist. Ct. App. 2026)
- Keith Pearce v. State Farm Florida Insurance Company (11th Cir. 2026)
- Meduty v. The Transformation Factory, LLC (United States District Court for the Southern District of Florida 2025)
- Northstar Regional P.S.C. v. InSync Healthcare Solutions LLC (United States District Court for the Middle District of Florida 2025)
- Reneg Corp v. JP Morgan Chase Bank, N.A. (United States District Court for the Southern District of Florida 2025)
- Al Rushaid Petroleum Investment Company v. Siemens Energy Incorporated (11th Cir. 2025)
- Fitzgerald v. Mercedes-Benz Financial Services USA LLC (United States District Court for the Middle District of Florida 2024)
- Quesada v. Better Earth, Inc. (United States District Court for the Middle District of Florida 2024)
- Northstar Regional P.S.C. v. InSync Healthcare Solutions LLC (United States District Court for the Middle District of Florida 2024)
- Global Network Management, Ltd. v. CenturyLink Latin American Solutions, LLC (11th Cir. 2023)
- Team Services Incorporated v. Securitas Electronic Security, Inc. (11th Cir. 2023)
- Goldhoff v. Saunders (United States District Court for the Middle District of Florida 2023)
- Magma Global, LLC v. NHT SP, LLC (United States District Court for the Middle District of Florida 2023)
- HANCOCK WHITNEY BANK v. JACKSON NATIONAL LIFE INSURANCE COMPANY (United States District Court for the Northern District of Florida 2023)
- Star2Star Communications, LLC v. AMG Group of Brunswick, LLC (11th Cir. 2022)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
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.
*697 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. Frederiksen, 449 So.2d 1 (Fla. 2d DCA 1984). Accord Shands Teaching Hosp. & Clinics, Inc. v. Beech St. Corp., 899 So.2d 1222, 1227 (Fla. 1st DCA 2005). We agree that appellee's unjust enrichment claim was precluded by the existence of an express contract between the parties concerning the same subject matter. For the first time on appeal, appellee asserts that even if the unjust enrichment claim fails as a matter of law, the judgments for appellee should be affirmed under a "constructive trust theory of recovery." However, a constructive trust is not a traditional cause of action, but an equitable remedy that must be based upon an established cause of action. Collinson v. Miller, 903 So.2d 221, 228 (Fla. 2d DCA 2005). Because appellee cannot advance the theory of unjust enrichment for recovery, it has no constructive trust remedy. Accordingly, we reverse the judgments against appellants for unjust enrichment and remand with directions that the trial court enter judgments for appellants on that claim.
REVERSED and REMANDED with directions.
WEBSTER, VAN NORTWICK, and THOMAS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.