# Hussmann Refrigeration, Inc. v. South Pittsburg Associates

> Court of Appeals of Tennessee · June 14, 1985 · 697 S.W.2d 588

URL: https://www.frixlaw.com/law-library/cases/5065054

## Case

- **Full name:** HUSSMANN REFRIGERATION, INC. v. SOUTH PITTSBURG ASSOCIATES Samuel M. Longiotti First Delaware Equity Corporation Mid-Atlantic Trading Corporation Alfred's IGA Foodliner, Inc. a/k/a Aunt Martha's Country Market, Inc. F.D.I. Management Corporation Iva B. Ables Trust Industrial Development Board of the City of South Pittsburg, Tennessee and First National Bank of Atlanta, Georgia
- **Court:** Court of Appeals of Tennessee
- **Decided:** June 14, 1985
- **Citations:** 697 S.W.2d 588; 1985 Tenn. App. LEXIS 2941
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Koch, Lewis, Todd
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5065054

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5065054. Public record. Not legal advice.