Tubbs v. Delk

CROW, Presiding Judge.

The two-count first amended petition of Plaintiff, S.L. Tubbs, against Defendant, Larry Delk, was tried by the court without a jury. At the start of trial, Plaintiff characterized Count I as an “assault charge” and Count II as a “trespass to chattels count” involving a camera.

In a judgment unadorned with findings of fact or conclusions of law, the trial court found for Defendant on both counts. Plaintiff appeals.

Plaintiffs sole point relied on avers the denial of recovery on Count II “was against the weight of the evidence.” Inasmuch as Plaintiff assigns no error…