DAVIS v. ZONA, 198 So.2d 43 (Fla.App. 2 Dist. 1967)

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.

No. 7169.District Court of Appeal of Florida, Second District.
April 19, 1967. Rehearing Denied May 16, 1967.

Appeal from the Circuit Court for Lee County, Archie M. Odom, J.

George T. Swartz, of Allen, Knudsen, Swartz, Richardson
DeBoest, Fort Myers, for appellant.

Robert T. Shafer, Jr., of Henderson, Franklin, Starnes Holt, Fort Myers, for appellees.

PER CURIAM:

The appellant, plaintiff below, appeals from a final judgment entered on a jury

Page 44

verdict in favor of appellees, defendants below.

Appellant alleges prejudicial error in the ruling by the trial court at the pre-trial 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 record does not contain a reported transcript of the pre-trial conference or a pre-trial 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.