Cluff v. Nana-Marriott

ORDER

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON, and EASTAUGH, JJ.

On consideration of Appellant Cluffs motion for order clarifying opinion, filed on February 14,1995, and the responses filed on February 15 and 16, 1995,

IT IS ORDERED:

1. The motion is interpreted as a petition for rehearing.

2. The ten-day filing requirement in Appellate Rule 506(b) is waived under Appellate Rule 521, because Appellant could not reasonably have anticipated Nana-Marriott’s lack of jurisdiction defense in the superior court until it was actually made. Furthermore, the motion was filed five days after…