Background
Sharine Anderson appealed from proceedings in the County Court for Florida’s Seventeenth Judicial Circuit in Broward County. She challenged an order compelling arbitration and an order concerning arbitration costs.
Anderson’s notice of appeal did not mention or attach the arbitration-costs order, and that order was not included in the appellate record. The record also contained no transcript concerning the costs issue.
The Court’s Holding
The Fourth District Court of Appeal affirmed the order compelling arbitration. The opinion did not elaborate on the grounds for affirmance.
The court dismissed the portion of the appeal concerning arbitration costs because it had neither the relevant order nor a transcript to review. It cited Florida Rule of Appellate Procedure 9.110(d), which requires a noncriminal appellant to attach a conformed copy of the appealed order to the notice of appeal.
Key Takeaways
- The order compelling arbitration remained in effect because the appellate court affirmed it.
- An appellate court cannot review an order that is neither identified and attached to the notice of appeal nor included in the record.
- Failure to provide the challenged order and an adequate record can result in dismissal of that portion of an appeal.
Why It Matters
The decision underscores that appellate review depends on strict compliance with notice and record requirements. A party challenging multiple orders must clearly designate the orders under review and ensure that the appellate record contains the materials needed to evaluate each issue.