ELOUISE WRIGHT, APPELLANT,
v.
COCA COLA BOTTLING COMPANY OF MIAMI, A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1971-12-15
No. 71-385
Owen, J., Reed, C.J., Cross, J.
256 So. 2d 56 Florida District Court of Appeal, Fourth District (1971) Negative Treatment
Cited by 6 cases

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Synopsis

Affirmed judgment for defendant where appellant failed to preserve jury instruction objections in the appellate record.

Holding

An appellant cannot assign jury instruction error on appeal without a record showing timely objection at trial.

Headnotes

[1] Jury instruction error cannot be assigned on appeal absent a record showing timely objection at trial, and the burden is on the appellant to provide a sufficient record f…

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Facts & Procedural History

Appellant became ill after discovering a foreign substance in a bottle of Coca Cola product. The jury returned a verdict for the defendant.…

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Topics
Timely Objection Record On Appeal Preservation Of Error Appellate Procedure

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Opinion of the Court
OWEN, Judge.

OWEN, Judge.

Appellant became ill upon discovering a foreign substance in a bottle of appellee’s product from which she was drinking. The jury returned a verdict for the defendant appellee and the appeal is from the final judgment entered thereon.

The only questions raised on appeal concern the correctness of certain jury instructions given by the court. The record fails to disclose that appellant made any objection to the instructions. At oral argument appellant’s counsel suggested that an appropriate objection was made at the charge conference, but this conference was not transcribed and made a part of the record on appeal, nor was it within the appellant’s designations to the reporter. It is the responsibility and duty of the appellant to provide the appellate court with the record sufficient to review the matter assigned as *57error, Conlee Construction Co. v. Cay Construction Co., Fla.App.1969, 221 So.2d 792. Absent a record showing of a timely objection to the jury instructions' which appellant now assails, the court’s giving such instructions may not be assigned as error, and we cannot consider the merits of the questions presented by appellant. Rule 1.-470(b) R.C.P., 30 F.S.A.; Eicholz v. Frey, Fla.App.1965, 173 So.2d 771, and Smith v. Tantlinger, Fla.App.1958, 102 So.2d 840.

Affirmed.

REED, C. J., and CROSS, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Shephard v. State, 455 So. 2d 479 (Fla. 5th DCA 1984)
    …d instructions.1 Nothing in the record before this court shows that trial counsel was prevented by the trial judge from registering a timely objection. The burden is on the appellant to preserve his record. Wright v. Coca-Cola Bottling Co. of Miami, 256 So. 2d 56 (Fla. 4th DCA 1971). AFFIRMED. FRANK D. UPCHURCH, Jr. J., concurs. SHARP, J., dissents with opinion. . The dissent cites Boston v. State, 411 So. 2d 1345 (Fla. 1st DCA), review denied, 418 So. 2d 1278 (Fla.1982). There, the trial court, after th…
  • Avi Limor v. Nanci Conli, 424 So. 2d 31 (Fla. 3d DCA 1982)
    …the jury, or nothing at all, is unavailing. Because appellant failed to request a jury instruction on damages and objected neither to the verdict forms nor to the instructions, accord Golden v. Harrell; see Wright v. Coca Cola Bottling Co. of Miami, 256 So. 2d 56 (Fla. 4th DCA 1971); Fla.R.Civ.P. 1.470, we reject his contention. Appellant declined to appear and defend the action seeking indemnification under the contract although he received timely notice; consequently the third-party complaint resulted in…
  • Berquis Menaged v. State Farm Mut. Auto. Ins. Co. & The Thin Weigh, Inc., 435 So. 2d 910 (Fla. 3d DCA 1983)
    …PER CURIAM. Affirmed. Wright v. Coca Cola Bottling Co., 256 So. 2d 56 (Fla. 4th DCA 1971); Fla. R.Civ.P. 1.470(b); see Robbins v. Robbins, 429 So. 2d 424 at 431 (Fla. 3d DCA 1983); Fla.R.App.P. 9.200(b)(3).…

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