agency with the authority to issue such citations until s rt’s appellate jurisdiction, it is axiomatic that an appellate court on direct appeal is limited to a review of the lower court proceedings and cannot entertain, create or act upon a new, original cause of action under the guise of appellate review. See 3 Fla. Jur.2d, Appellate Review § 275 (2004); see also, 4 C.J.S. Appeal and Error §§ 16(b), 31 (1993) (an appeal is not the commencement of a new suit, and an appellate court is limited to review of the judgment from which the appeal is taken). It was also improper for the circuit court on appeal to refer to an agreement between Baird and the Authority that was not part of the record on appeal. See, e.g., Altchiler v. State, Dep’t of Prof'l Reg., 442 So.2d 349 (Fla. 1st DCA 1983) (<HOLDING>); Hillsborough County Bd. v. Pub. Employees
recognizing the general rule that an appellate court will not address matters that were not raised or decided in the trial court   recognizing rule that appellate court may not consider matters outside the record is so elemental that there is no excuse for any attorney to attempt to bring such matters before the court recognizing that a court may take judicial notice of court filings and other matters of public record recognizing that a court may rely on matters of which a court may take judicial notice holding that on a rule 12b1 motion challenging subjectmatter jurisdiction the court has authority to consider matters outside the pleadings