When in Doubt, Cite the Record

I wouldn’t want to be the lawyer who not only lost the appeal with a PCA, but also got admonished for not following the rules and properly citing to the record. Fla. R. App. P. 9.210(b)(2), people. It’s not just for breakfast any more. Siforov v. HSCB Bank, USA, No. 3D08-2895 (Fla. 3d DCA July 28, 2010).

Appendix, Please

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].

Appealing Confirmation of an Arbitration Award? No Rule, No Jurisdiction

The Third District Court of Appeal held (.pdf) it has no jurisdiction to review a trial court order confirming an arbitration award. What makes the case slightly interesting is that there is a provision of the Arbitration Code, Section 682.20, Fla. Stat., that purports to specifically allow such appeals. The Court joined its sister District, however, in holding that the statute doesn’t meet the jurisdictional requirements of the Florida Constitution, which holds that review of non final orders can be made only ‘the extent provided by rules adopted by the supreme court.’ Without a Florida Rule of Appellate Procedure, there is no jurisdiction.