When Can You Supplement the Record On An Appeal? Read to Find Out

Normally, the appellate courts will not permit the filing of additional documents not submitted with the initial appellate brief. However, under Florida Rule of Appellate Procedure 9.200, “[i]f there is an error or omission in the record, . . . the court may correct the record.” Fla. R. App. P. 9.200(f)(1).

The appellate court may direct the supplementation of the record. Section (f)(2) of 9.200 states that “[i]f the court finds the record is incomplete, it must direct a party to supply the omitted parts of the record.” Fla. R. App. P. 9.200(f)(2).

The purpose of rule 9.200 is to “allow supplementation of the record submitted to the appellate court with an item which was considered by the trial court, but was omitted from the record on appeal.” Poteat v. Guardianship of Poteat, 771 So. 2d 569, 573 (Fla. 4th DCA 2000) (emphasis added). However, Rule 9.200(f) is “not a vehicle for counsel . . . to broaden the scope of review to matters not considered by the lower tribunal.” Occidental Chem. Co. v. Mayo, 351 So. 2d 336, 342 n.9 (Fla. 1977).

In Servedio v. U.S. Bank Nat. Ass’n, for example, the Fourth District Court of Appeals found that documents filed some days after the entry of summary judgment “were not part of the record at the time the motion for summary judgment was granted,” and it could not “determine whether the trial court considered those documents in rendering its decision.” 46 So. 3d 1105, 1107 (Fla. 4th DCA 2010).

A party may not move to supplement the appellate record by including an order that was entered after the final hearing and the entry of summary judgment subject to the appeal. Cf. Fed. Deposit Ins. Corp. v. Nationwide Equities Corp., 304 So. 3d 1240, 1253 (Fla. 3d DCA 2020) (Logue, J., dissenting) (stating no party “could move to supplement the record” to include order that “was not even entered until after the notice of appeal was filed in this case”).

It is well settled that “[i]t is inappropriate . . . to inject matters into the appellate proceedings which were not before the trial court.” Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988).

If you need information regarding appeals or supplementing records, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.   

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.  

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].