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MANESS v. NEW YORK LIFE INSURANCE COMPANY

No. 70-703.

242 So.2d 470 (1971)

Clyde L. MANESS, Appellant, v. NEW YORK LIFE INSURANCE COMPANY and Leona Maness, Appellees.

District Court of Appeal of Florida, Third District.

January 5, 1971.

Attorney(s) appearing for the Case

David Goldman and Jack H. Cohen, Miami, for appellant.

Shutts & Bowen, Simons, Simons & Simons, Miami, for appellees.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

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...

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