IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE

WILLIAM T. DePRIEST, GATES- PATE-McDANIEL, HENRY H. ) ) FILED HEADDEN, JOEL P. MORRIS, ) MAURICE PINSON, RICHARD R. ) March 19, 1997 STANDEL, JR., and W. O. VAUGHN, ) JR., ) Cecil W. Crowson ) Appellate Court Clerk Plaintiffs/Appellants, ) ) Davidson County Chancery ) No. 90-4942 VS. ) ) Appeal No. ) 01A01-9609-CH-00428 1717-19 WEST END ASSOCIATES, a ) Tennessee Partnership, Mid-Town ) Associates, a Tennessee Partnership, ) O’Hare, Sherrard & Roe, a Tennessee ) Partnership, and John R. Voigt, ) ) Defendants/Appellees. )

ORDER ON PETITION TO REHEAR

The appellees, O’Hare, Sherrod & Roe and John R. Voigt, have filed a respectful petition to rehear calling attention to a typographical error in the opinion of this Court in which the word, “cites” was erroneously typed, “cities”.

On its own motion, this Court orders the correction of said order.

Said appellees also complain of the statement in the opinion that their motion for discretionary costs was unsupported by grounds. It is true, as insisted by said appellees that the motion was supported by affidavit, but said affidavit related only to the amount of costs (fees) demanded, and not to facts to justify the allowance of discretionary costs.

Said petition to rehear is respectfully denied.

ENTERED ___________, 1997

___________________________________ HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

___________________________________ SAMUEL L. LEWIS, JUDGE

___________________________________ BEN H. CANTRELL, JUDGE

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