Cecil Groves v. Thomas J. Blankenship--Appeal from 19th District Court of McLennan County

NO. 10-91-062-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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CECIL GROVES,

Appellant

v.

THOMAS J. BLANKENSHIP,

Appellee

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From the 19th Judicial District Court

McLennan County, Texas

Trial Court # 90-2559-1

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O P I N I O N

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This appeal was perfected from a judgment signed on April l, 1991.

By motion Appellant requests that this appeal be dismissed. Appellee has not opposed the dismissal. The motion is granted. The appeal is dismissed.

By motion Appellee requests the Court to assess damages pursuant to Rule 84, Tex. R. App. P., alleging that the appeal was instituted for the purpose of delay and without sufficient cause.

No statement of facts has been filed and without same we are unable to determine these issues. See Mid-Continent Cas. Co. v. Whatley, 742 S.W.2d 475, 479 (Tex.App. Dallas 1987, no writ).

The motion for Rule 84 damages is denied.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed September 18, 1991

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