CLYDE L. MANESS, APPELLANT,
v.
NEW YORK LIFE INSURANCE COMPANY AND LEONA MANESS, APPELLEES

Fla. 3d DCA | 1971-01-05
No. 70-703
Before PEARSON, C. J., and HENDRY and SWANN, JJ.
242 So. 2d 470 Florida District Court of Appeal, Third District (1971) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from an order denying appellant’s petition for attorney’s fees pursuant to F.S. § 627.0127(1), F.S.A. The order recites that it is based upon testimony taken before the court. The testimony received was not made a part of the record. Without such a record it is impossible for this court to hold that appellant met the conditions precedent to an award of a fee pursuant to the statute. See Curtiss-Wright Corporation v. King, Fla.App.1968, 207 So.2d 294.

Affirmed.

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