[Download] "Patricia Thornber v. City Fort Walton Beach" by First District Court of Appeal of Florida # eBook PDF Kindle ePub Free

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eBook details

• Title: Patricia Thornber v. City Fort Walton Beach
• Author : First District Court of Appeal of Florida
• Release Date : January 15, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Appellant moved to "amend" the record on appeal with newspaper articles and the recorded minutes of the Fort Walton Beach
city council meeting. The council minutes concerned the appearance of the trial court judge before the city council on an
issue unrelated to these proceedings. The newspaper articles appellant sought to include in the record concerned the city
council meeting and a report of the trial court ruling in this case. Appellee responded to the motion to "amend". This Court
denied the motion to "amend" the record on appeal and issued an order directing counsel for appellant, George E. Day, to show
cause why he should not be sanctioned for his disregard of the appellate rules of procedure. In response to the show cause
order, counsel for appellant continued to argue that the documents he seeks to have this court consider are properly contained
in the record. It is axiomatic that appellate review is confined to the record on appeal. Sheldon v. Tiernan, 147 So.2d 593 (Fla. 2d DCA
1962); Permenter v. Bank of Green Cove Springs, 136 So.2d 377 (Fla. 1st DCA 1962). Rule 9.200(a)(1) of the Florida Rules of
Appellate Procedure states that the "record shall consist of the original documents, exhibits, and transcripts of proceedings,
if any, filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices, depositions, other discovery
and physical evidence." The committee notes to the rule make clear that Rule 9.200(a)(1) establishes the context of the record.
Appellant may direct the clerk of the lower tribunal to exclude portions of the record but appellee is afforded an opportunity
to direct the clerk to include additional documents and exhibits that were before the lower tribunal. Rule 9.200(2), Florida
Rules of Appellate Procedure.

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