Brake v. Murphy

I respectfully dissent. This issue is not moot for the reasons discussed below, and I would grant the motion to require the appellees either to specify the relevant documents to be included at the appellants’ expense or to pay for the inclusion of the additional documents themselves. I disagree with the appellees’ contention that Rule 9.200 requires the appellants to pay the cost of including irrelevant documents or exhibits in the record.

In March of 1996, co-appellants Robert Brake and Eileen Brake (the “appellants”) filed a notice of appeal from an adverse trial court order setting aside a…