Davis v. Howard O. Miller Co.

ON DENIAL OF PETITION FOR REHEARING

HUNTLEY, Justice.

The Petition for Rehearing seeking reconsideration of the award of attorney fees is supported by an affidavit of counsel reading in part as follows:

2. I am counsel for the Appellant in the above matter. In this opinion on page 1595 I am incorrectly quoted as having stated the following:

I would agree that the sole question is whether there was a deliberate violation of a known rule.

This quotation is a clear misstatement of the record. I have reviewed a copy of the tape of my oral argument from the Court. The actual statement made was:

*1097I would…