Opinion

Hussmann Refrigeration, Inc. v. South Pittsburg Associates

  • 697 S.W.2d 588
  • 1985 Tenn. App. LEXIS 2941
Court
Court of Appeals of Tennessee
Filed
Jun 14, 1985
Status
Published
On the bench
Koch, Lewis, Todd
Cited by
8 cases

The opinion

OPINION ON PETITION FOR REHEARING

This Court filed its opinion in this case on June 14, 1985. The appellant filed its petition for rehearing twelve days later on June 26, 1985. Tenn.R.App.P. 39(b) provides:

A petition for rehearing must be filed with the clerk of the appellate court within 10 days after the entry of judgment unless on motion the time is shortened or *594 enlarged by the court or the judge thereof.

There appearing to be no extreme and unavoidable circumstances justifying this delay, we must conclude that the petition was not timely filed and that it should not be considered on its merits.

Were we, however, to consider the petition on its merits, we would deny it because it does not alter our original decision that the evidence does not preponderate against the findings of the trial court.

For the reasons stated herein, the petition for rehearing is respectfully denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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