The appendix requirement of Florida Rule of Appellate Procedure 9.220 is not just an afterthought, it’s a necessity. When you are asking the Court to review a non-final order, in particular, the appendix is essential: The appellate court is not sent the record, and is counting on the litigants to provide it with copies of the pleadings, transcripts, and other relevant documents that were before the trial court.
And if you don’t serve an appendix with your brief, as required by Rule 9.130(e)? The Third DCA will affirm the holding below. Reliance Property Management, Inc. v. Transportation Equipment Specialists, Inc., No. 3D09-411 (Feb. 24, 2010)[/pdf].