A.T. Lowry Toyota, Inc. v. Peters

I concur with the majority that this judgment should be affirmed; however, I respectfully dissent with regard to the majority’s award of damages to the appellee pursuant to rule 84 of Tex.R.App.P.

Appellee has filed a motion for costs based on a frivolous appeal. See Tex.R. App.P. 84. Ineptitude in the presentation of an appeal is not sufficient ground for assessment of a frivolous appeal penalty. International Security Life Insurance Co. v. Robichau, 510 S.W.2d 132 (Tex.Civ.App.—Beaumont 1974, no writ). Even if an appellate court finds that the appeal is without merit, in the absence of a…