
    Clyde L. MANESS, Appellant, v. NEW YORK LIFE INSURANCE COMPANY and Leona Maness, Appellees.
    No. 70-703.
    District Court of Appeal of Florida, Third District.
    Jan. 5, 1971.
    David Goldman and Jack H. Cohen, Miami, for appellant.
    Shutts & Bowen, Simons, Simons & Si-mons, 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, 207 So.2d 294.

Affirmed.  