Maness v. New York Life Insurance Co.

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.