LATIN AMERICAN BENEFIT CENTER, INC., A NON-PROFIT FLORIDA CORPORATION, APPELLANT,
v.
RAPHAEL JOHSTONEAUX, APPELLEE
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Latin American Benefit Center appeals a trial court ruling that a contract between the parties was an insurance contract entitling the appellee to payment and attorney's fees. The appellate court affirms the trial court judgment based on the appellant's failure to include the contract itself in the appellate record, holding that the appellant bears the duty to ensure a complete record is properly submitted for appeal.
The appellate court cannot review the trial court's ruling because the contract upon which the ruling is predicated has not been included in the appellate record. The appellant bears the overall duty of ensuring all necessary steps are taken to perfect the appeal in the manner prescribed by appellate rules, and when ministerial duties of court officials are not performed, the appellant must take affirmative action to have the record corrected.
[1] An appellate court cannot rule on a matter where the ruling appealed is necessarily predicated upon a contract not included in the record on appeal.
[2] An appellant bears the responsibility to provide an appellate court with a record sufficient to review the matter assigned as error.
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Join FLexlaw to unlock all legal intelligence“The contract sued upon has not been included in the record on appeal before this court and, where the ruling appealed is necessarily predicated upon said contract, we are precluded from ruling thereon.”
Establishes the core holding that appellate review cannot proceed without the contract document in the record.
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Join FLexlaw to unlock all legal intelligenceLatin American Benefit Center and Raphael Johstoneaux entered into a contract. The trial court ruled that the contract was an insurance contract, enti…
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By this appeal, the appellant seeks to have this court determine the propriety of the trial court’s ruling that a contract entered into by the parties herein was, in fact, a contract of insurance, entitling the appellee to payment thereunder and attorney’s fees. This we cannot do, for the following reasons:
The contract sued upon has not been included in the record on appeal before this court and, where the ruling appealed is necessarily predicated upon said contract, we are precluded from ruling thereon. Broward County Port Authority v. F. M. Rule & Company, Fla.App.1960, 119 So.2d 82; Holmes v. Shelby Mutual Insurance Company, Fla.App. 1967, 203 So.2d 44. It is the responsibility and the duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Merchants National Bank of Jacksonville, Florida v. Grunthal, 39 Fla. 388, 22 So. 685; Conlee Construction Company v. Cay Construction Company, Fla.App.1969, 221 So.2d 792; Dimun Investment, Inc. v. Citizens Federal Savings and Loan Association of Hialeah, Fla. App. 1970, 249 So.2d 63.
In reviewing the record before this court, we find that the appellant did in fact direct the Clerk of the trial court to include in the record on appeal a copy of the contract sued upon, but that the Clerk was unable to do so because said contract was returned to the appellee, pursuant to the trial court’s order. Therefore, it would appear, upon a superficial examination, that the appellant had fulfilled his burden of providing this court with a complete record. However, the appellant’s duty does not end with filing its directions to the Clerk but *88continues placing upon the appellant the overall duty of seeing to it that all things are done in due season to perfect the appeal in the manner prescribed by the rules. Where ministerial duties imposed on court officials are not timely and properly performed, the appellant is presumed to have knowledge thereof and it becomes his duty to take such affirmative action necessary to cause the ministerial acts to be performed and the record to be corrected. Moore v. Joseph, Fla.App.1962, 137 So.2d 584; Gulf Heating and Refrigeration Company, Inc. v. Iowa Mutual Insurance Company, Fla.1966, 193 So.2d 4. Having failed in this duty, the appellant herein cannot now contend the failure to provide a complete record for appeal purposes was not of his doing.
Therefore, as the appellant has failed to provide this court with a complete record, necessary for review of this cause, the judgment appealed is hereby affirmed.
Affirmed.
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Shuler v. Green Mountain Ventures, Inc., 791 So. 2d 1213 (Fla. 5th DCA 2001)…1216] the motion, as was Shuler’s responsibility.1 It is the duty of the party seeking review of a trial court order to provide the appellate court with a record sufficient to review the matter presented. Latin Am. Benefit Ctr., Inc. v. Johstoneaux, 257 So. 2d 86 (Fla. 3d DCA 1972). We cannot say from the record before us whether the judge was promptly presented with the disqualification motion or not. As such, we cannot determine if the delay in ruling on the motion was attributable to Shuler’s failure to p…
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Abelardo Cruz v. Lizzie Griffin Beckham, 267 So. 2d 853 (Fla. 3d DCA 1972)…granting a new trial and, therefore, we are required to affirm same. Carroll v. Allen, Fla.App.1969, 219 So. 2d 69; Royal Flair, Inc. v. Cape Coral Bank, Fla.App.1971, 251 So. 2d 895; Latin American Benefit Center, Inc. v. Johstoneaux, Fla.App.1972, 257 So. 2d 86. Affirmed.…
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In re Guardianship OF Mary Harriet Coolidge, 368 So. 2d 426 (Fla. 4th DCA 1979)…mplained of. Failure to do so mandates affirmance. See Conner v. Coggins„ 349 So. 2d 780 (Fla.lst DCA 1977); Dade County Board of Public Instruction v. Foster, 307 So. 2d 502 (Fla.3d DCA 1975); and Latin American Benefit Center, Inc. v. Johstoneaux, 257 So. 2d 86 (Fla.3d DCA 1972). The Order appealed from is therefore affirmed. DAUKSCH and LETTS, JJ., and STET-TIN, HERBERT, Associate Judge, concur. . This appeal was lodged prior to the date of the new rules effective March 1, 1978.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broward Cnty. Port Auth. v. F. M. Rule & Co., 119 So. 2d 82 (Fla. 2d DCA 1960)
- The Merchs'. Nat'l Bank of Jacksonville v. Isadore Grunthal, 39 Fla. 388 (Fla. 1897)
- Gulf Heating & Refrigeration Co., Inc. v. Iowa Mut. Ins. Co., 193 So. 2d 4 (Fla. 1966)
- Conlee Constr. Co. v. CAY Constr. Co., 221 So. 2d 792 (Fla. 4th DCA 1969)
- Moore v. Joseph, 137 So. 2d 584 (Fla. 1st DCA 1962)
- Buddy Holmes and Patsey Holmes v. Shelby Mut. Ins. Co., 203 So. 2d 44 (Fla. 2d DCA 1967)
- Dimun Inv., Inc. v. Citizens Fed. Sav. & Loan Ass'n OF Hialeah, 249 So. 2d 63 (Fla. 3d DCA 1970)