
    J. C. DAVIS, Jr., Appellant, v. John N. FOUNTAIN, Appellee.
    No. 73-181.
    District Court of Appeal of Florida, Fourth District.
    Oct. 31, 1973.
    Lloyd Campbell, Cocoa, for appellant.
    John Minot, Shepard, Shepard & Minot, Cocoa, for appellee.
   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.  