CLYDE P. DAVIS, AS NEXT FRIEND AND PARENT OF CLINT DAVIS, A MINOR, APPELLANT,
v.
CHARLES P. ZONA AND ACE GLASS AND MIRROR COMPANY, INC., A FLORIDA CORPORATION, APPELLEES
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The Florida District Court of Appeal dismissed an appeal because the appellant failed to provide an adequate record of the pre-trial conference ruling limiting peremptory challenges, which was the basis of the appeal.
The appellate court dismissed the appeal because the record did not contain a transcript of the pre-trial conference or a pre-trial order, making it impossible to review the alleged error.
“The rule is well settled that when relief is sought on appeal the appellant must provide the court with an adequate record for review.”
Establishes the legal principle requiring a sufficient record for appellate review.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Clyde P. Davis, appealed a jury verdict in favor of the defendants, Charles P. Zona and Ace Glass and Mirror Company, Inc. The appeal w…
The full statement of facts, procedural history, and disposition for this case are member content.
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The appellant, plaintiff below, appeals from a final judgment entered on a jury *44verdict in favor of appellees, defendants below.
Appellant alleges prejudicial error in the ruling by the trial court at the pretrial conference that each side of the case would be limited to three peremptory challenges.
Appellees have moved to dismiss this appeal on the ground that the record before this court does not include the judicial act sought to be reviewed. Upon examination, we find that the original record1 does not contain a reported transcript of the pre-trial conference or a pretrial order. The rule is well settled that when relief is sought on appeal the appellant must provide the court with an adequate record for review. Morceau v. Meader, 179 So.2d 242 (D.C.A.Fla.1965), Gleim v. Gleim, 176 So.2d 610 (D.C.A.Fla. 1965). Finding no basis in the record upon which to consider the merits of this appeal, the motion to dismiss the appeal is granted.
SHANNON, Acting C. J., and LILES and HOBSON, JJ., concur.
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Orange Julius Realty Corp. v. Sunshine TOY Ctr., Inc., 251 So. 2d 681 (Fla. 3d DCA 1971)…ce in one particular or the other. We hold that we are not able to consider these points because we do not have all the testimony and other evidence which was before the trial judge at the time that he made his decision. Davis v. Zona, Fla.App.1967, 198 So. 2d 43; Wilder v. Altman, Fla.App.1965, 179 So. 2d 250, 251; 2 Fla.Jur.Appeals § 159 (1963). For the purpose of determining the sufficiency of the evidence upon the trial of a counterclaim the trial court may consider evidence received upon the issues pres…
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Alvy M. Higgins v. Higgins, 347 So. 2d 630 (Fla. 4th DCA 1977)…d. Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973); Schmidt v. Reyes, 274 So. 2d 242 (Fla. 1st DCA 1973); Curtiss-Wright Corp. v. King, 207 So. 2d 294 (Fla. 3d DCA 1968); Johnson v. Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967); Davis v. Zona, 198 So. 2d 43 (Fla. 2d DCA 1967); Best v. Barnette, 130 So. 2d 90 (Fla. 2d DCA 1961); Broward County Port Authority v. F. M. Rule & Co., 119 So. 2d 82 (Fla. 2d DCA 1960). MAGER, C. J., and ANSTEAD and DAUKSCH, JJ., concur.…
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Authorities Cited
- Morceau v. Meader, 179 So. 2d 242 (Fla. 3d DCA 1965)
- Carpenter v. State, 176 So. 2d 610 (Fla. 3d DCA 1965)
- Gleim v. Gleim, 176 So. 2d 610 (Fla. 3d DCA 1965)