J. C. DAVIS, JR., APPELLANT,
v.
JOHN N. FOUNTAIN, APPELLEE

Fla. 4th DCA | 1973-10-31
No. 73-181
OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.
284 So. 2d 471 Florida District Court of Appeal, Fourth District (1973) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

[*472] PER CURIAM.

The order appealed from dated December 27, 1971 refusing-to award appellant attorney’s fees was based upon testimony heard by the trial judge. Since that testimony has not been furnished ,us we are not able to review the propriety of said ruling. The same holds true for the order of February 12, 1973 refusing to tax costs.

Accordingly, the orders appealed from are affirmed.

OWEN, C. J., and WALDEN and DOWNEY, JJ., concur.

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  • Chason v. Adams, 318 So. 2d 537 (Fla. 4th DCA 1975)
    …were based upon hearings at which testimony was taken, and appellant has failed to include transcripts of those proceedings in the record [*539] on appeal. Such failure constitutes grounds for affirmance. See e. g., Davis v. Fountain, Fla.App.1973, 284 So. 2d 471. For the foregoing reasons we affirm the order and judgment under review. Affirmed. MAGER, J., and BERANEK, JOHN R„ Associate Judge, concur.…

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