David Emory Garrett v. Teresa Ann Garrett--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-93-171-CV

DAVID EMORY GARRETT,

Appellant

v.

TERESA ANN GARRETT

Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 92-07-D8870-CV

MEMORANDUM OPINION

David Garrett appeals from a final judgment signed on May 24, 1993. His motion for a new trial was filed on June 23. The appeal was perfected on August 10. The transcript was received and filed in this court on September 21. Tex. R. App. P. 54(a). Pursuant to Rule 54(a), the statement of facts was due on September 21. To date, neither a statement of facts nor an Appellant's brief has been filed. See id. 54(c).

Appellant David Garrett filed an untimely motion to extend time for filing the statement of facts on November 1, which is hereby denied. Appellant's motion for extension of time to file his brief is also herein denied. Id. Appellee Teresa Garrett's motion for delay damages is also denied. Teresa Garrett's motion for affirming the judgment of the trial court is granted. See Tex. R. App. P. 54(a).

Judgment of the trial court is affirmed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed November 17, 1993

Do not publish