OPINION
DOYLE, Justice.
This is an appeal in a dental malpractice case. A jury found the appellant guilty of certain negligent acts and also found gross negligence, and awarded the total sum of $174,000 for actual and exemplary damages. By cross-assignment, appellee requests that this court assess a penalty against appellant for taking the appeal for purpose of delay, pursuant to Texas Rules of Civil Procedure 435 and 438.
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