MARYLAND CASUALTY CO. ETC. v. Weiss

*491On Petition for Rehearing

Gonas, P. J.

The appellant has filed herein what is designated an “Application for a Rehearing.” We consider this to be intended as a petition for a rehearing. The application is in brief form and undertakes to state, in a chronological order, reasons why our opinion in this matter is erroneous.

Following each statement as grounds for believing our opinion to be erroneous is a discussion or argument, with citations of various authorities. Apparently, the appellant has sought to combine its brief with the statement of reasons for a rehearing.

It is provided by Rule 2-22 that application for a rehearing shall be by petition, separate from the briefs, stating concisely the reasons why the decision is thought to be erroneous. The application may, if desired, be supported by briefs. It has been many times held by our courts that an application or a petition for rehearing must conform to the aforesaid rule and that it must not be an argumentative brief. See Guthrie v. Blakely et al. (1956), 127 Ind. App. 119, pp. 140, 141, 142 and 143, 130 N. E. 2d 62. The application at hand contains twelve pages of printed matter, makes reference to the parties’ briefs, makes references to the record and pages, contains argument of stated propositions, and citations of various authorities to support the propositions. All of this under one cover.

It is clear that the application for rehearing now under consideration does not comply in any respect with the aforesaid rule of the Supreme Court. Said rule has the force and effect of law and is binding on the courts as well as the litigants. See the host of authorities cited in Guthrie v. Blakely et al., supra.

*492The appellee has filed a petition to dismiss appellant’s said application for a rehearing on the ground that it does not comply with the rule of the court and, under the conditions existing, said petition to dismiss must be sustained. We are not at liberty to alter or ignore the rule nor to apply it as to some and not as to others.

Appellant’s application for a rehearing is dismissed.

Note. — Reported in 156 N. E. 2d 644. Rehearing dismissed 157 N. E. 2d 840.