Porta-Kamp Manufacturing Co. v. Atlanta Maritime Corp.

OPINION ON MOTION FOR REHEARING

On May 13,1988, appellant filed a motion for rehearing and appellee filed its motion in opposition thereto and pursuant to Tex. R.App.P. 84, requests damages because appellant had pursued this appeal for reasons of delay and without sufficient cause. In support of its request, appellee has detailed the history of this case and, while we do *703not deem it necessary to recite the delaying tactics throughout this proceeding, we agree this appeal has been taken for delay and without sufficient cause. Therefore, we award to appellee as additional damages ten percent of the total damages of $515,042.55 awarded in the judgment of the trial court.

The motion for rehearing is overruled.