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Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
Florida Rule of Appellate Procedure 9.200(e) places upon the appellant the burden of preparing and transmitting the record to this court for review. Florida Rule of Appellate Procedure 9.200(f)(2) also requires an appellate court to allow the appellant an opportunity to supplement an incomplete record before deciding the case based on the insufficiency of the record. Kauffmann v. Baker, 392 So.2d 13, 15 (Fla. 4th DCA 1980). On our own motion, we ordered the appellant to supplement the record with the transcript of the first hearing. Our order further advised that in the absence of a transcript, Rule 9.200(b)(3) permits the appellant to prepare a statement of the evidence or proceedings from the best means available, including memory, and that if the appellant elected to prepare a statement of the evidence or proceedings, it was the appellee's duty to cooperate by either approving the statement, registering objections to the statement or proposing amendments (if any). Kuenstler v. Andreasen, 386 So.2d 896 (Fla. 1st DCA 1980).
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