TOUBY
v.
TOUBY
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The Florida Supreme Court dismissed an appeal due to a procedural violation. The lower court improperly sent original testimony and exhibits to the appellate court instead of preparing a proper transcript of record as required by the Court's rules.
The Supreme Court held that the lower court lacked authority to deviate from the Court's rules and that the flagrant violation of Rule 11 required dismissal of the appeal. The Court emphasized that orderly disposition of cases requires strict compliance with appellate rules.
“The orderly disposition of causes in this Court requires that the rules of this Court be complied with.”
Establishes the Court's foundational principle that strict adherence to appellate rules is essential to proper judicial administration.
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Join FLexlaw to unlock all legal intelligenceThe appeal involved voluminous original testimony spanning four volumes and 751 pages, plus an 85-page deposition and numerous exhibits. The lower cou…
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PER CURIAM.
The record on appeal in this case consists of certified copies of some of the pleadings and orders of the lower court and the original testimony and exhibits filed in the cause. The original transcript of testimony comprises four volumes and contains 751 pages. In addition, there was transmitted to us an. original deposition of 85 pages and numerous exhibits. These original files are a part of the official records of the lower court and were sent here for use in this appeal pursuant to an order of the lower court holding that because “said testimony and exhibits are voluminous and the cost of -having copies prepared would be excessive * * * that no harm will be incurred by either of the parties by the reason of such removal.”
The rules of this Court clearly provide what shall be included in a transcript of record in this Court, the method of preparing such record and the circumstances under which original papers may be transmitted for our consideration. There is no authority for doing what is done here. To countenance this procedure — even where no objections have been raised in the record — would be to impose an intolerable burden on this Court and vest in the numerous trial Judges of this State the power utterly to ignore Rule 11 of this Court, 30 F.S.A. The orderly disposition of causes in this Court requires that the 'rules of this Court be complied with. Such a flagrant violation as that which we are now confronted with and the confusion which would result from an approval by us of such procedure leave us no. alternative except to dismiss the proceedings here and direct the Clerk of this Court to return the original records of the lower court. ‘ It is so ordered.
ROBERTS, C. J., and THOMAS, HOB-SON and DREW, JJ., concur.