
    Johnny ROCKER, Appellant, v. Clarence L. IVEY and Hilda C. Ivey, Appellees.
    No. 72-26.
    District Court of Appeal of Florida, Fourth District.
    Dec. 22, 1972.
    F. Hartselle Baker of Robertson, Williams & Duane, Orlando, for appellant.
    E. Snow Martin of Martin & Martin, Lakeland, Whitfield, Wright, Leonhardt & Trickel, Orlando, and Brinson, McWhir-ter & Smith, Kissimmee, for appellees.
   PER CURIAM.

On the basis of our review of the briefs, the record and oral argument we are of the opinion that the appellant has failed to make error clearly appear. The trial court properly determined the legal effect of the evidence and correctly concluded that no partnership was created. Ambrecht Lumber Company v. Adair, 1926, 91 Fla. 460, 108 So. 222. See also 24 Fla.Jur. Partnership § 42.

Affirmed.

OWEN and MAGER, JJ., concur.

WHITE, JOS. S., Associate Judge, dissents, without opinion.  