THE WALSH GROUP LLC v. GEC GEC (2024)

On Notice of Supplemental Authority

Following oral argument, Appellee (“Zion”) filed a notice of supplemental authority. The notice asked us to consider Navarro v. Varela, 345 So. 3d 365 (Fla. 3d DCA 2022). Zion's notice also attached the plaintiff's complaint from that case.

A notice of supplemental authority is “reserved for extraordinary circumstances or situations where a new case or legal authority has just been published that might impact a fully briefed (but not yet decided) appeal.” Houston v. Wrentmore, 362 So. 3d 252, 254 (Fla. 5th DCA 2023) (quoting Davi Nails Salon & Spa, L.L.C. v. Do, 346 So. 3d 1288, 1289 (Fla. 2d DCA 2022)). “No such extraordinary circumstances or situations existed here,” where the opinion Zion cited in its notice “was readily available long before” briefing was due in this case. See id.

That aside, the opinion Zion cited has no precedential value on the “incorporated by reference” issue. Specifically, the Navarro opinion does not use the term “reincorporation,” discuss the procedural effects of attaching a contract to a complaint, or mention Florida Rule of Civil Procedure 1.130(b). Perhaps in recognition of this fact, Zion tacitly invites us to look beyond the Navarro opinion to consider the plaintiff's complaint in that case, a complaint that was not appended to the Third District's decision. This is improper. If “an issue is not argued, or though argued is ignored by the court, or is reserved, the decision does not constitute a precedent to be followed.” Physicians Med. Ctrs. v. Allstate Fire & Cas. Ins. Co., 335 So. 3d 1284, 1289 (Fla. 1st DCA 2022) (quoting Equal Emp. Opportunity Comm'n v. Trabucco, 791 F.2d 1, 4 (1st Cir. 1986)). “Only the written, majority opinion of an appellate court has precedential value.” Miller v. State, 980 So. 2d 1092, 1094 (Fla. 2d DCA 2008). Zion's attempt to bolster its notice of supplemental authority with a trial court pleading is misguided.

For these reasons, we strike the notice of supplemental authority as unauthorized.

Notice of Supplemental Authority Stricken.

Per Curiam.

Edwards, C.J., and Lambert and Jay, JJ., concur.