State ex rel. Town of Newbern v. Flatt

Tennessee Supreme Court March 4, 1974

State ex rel. Town of Newbern v. Flatt, 505 S.W.2d 724 (Tenn. 1974)

1974 Tenn. LEXIS 534

Chattin, Dyer, Fones, Leech, McCanless

Opinion of the Court

ON PETITION TO REHEAR

CHATTIN, Justice.

Petitioners have filed a motion to retax the costs which we will treat as a petition to rehear questioning our taxation of the costs in this Court to petitioners.

The motion or petition to rehear was filed on February 6, 1974, more than ten days after our opinion was released on January 7, 1974; and, therefore, not timely filed' within ten days as required by Rule 32 of this Court.

Secondly, “the question of adjudging costs is a matter within the reasonable discretion of the Court.” Runions v. Runions, 186 Tenn. 25, 207 S.W.2d 1016 (1948).

The petition is denied.

DYER, C. J., McCANLESS and FONES, JJ., and LEECH, Special Justice, concur.

Reference

Full Case Name: STATE of Tennessee for the Use and Benefit of the TOWN OF NEWBERN, Tennessee v. Murray FLATT
Status: Published