On Petition for Rehearing
Prime, J.— Appellant on March 13, 1967, filed his Petition for Rehearing supported by briefs. Appellee on March 17, 1967, filed her Petition to Dismiss Petition for Rehearing setting out that the Appellant has failed to comply with Supreme Court Rule 2-22. Rule 2-22 is as follows:
Application for a hearing of any cause shall be made by petition, separate from the briefs, signed by counsel, and filed with the Clerk within twenty (20) days from rendition of the decision, stating concisely the reasons why the decision is thought to be erroneous. Such application may, if desired, be supported by briefs, but such briefs will not be received after the time allowed for filing the Petition. Parties opposing the rehearing may file briefs within ten (10) days after the filing of the Petition.
We see no failure to comply with the above rule on the part of the Appellant and the Petition to Dismiss the Petition for Rehearing is denied.
The Appellant urges that he be granted a rehearing because he was led to believe that he had properly presented *393his appeal on the merits of an order of this court which granted permission to the Appellant to amend his Reply Brief.
The Appellant contends that the order granted authority to him to include part of the concise statement of the record in his Reply Brief, and that since he did this he was under the impression that he was properly before the court on the merits.
The record shows that the petition to include the missing parts of the record in the Reply Brief bore the same date as the actual Reply Brief, (i.e. February 7, 1966).
The Appellant did not wait to have his petition acted upon but filed the Reply Brief the same day. This in itself is no violation per se, but it does give rise to the thought that, had the petition been denied, the Reply Brief would have contained unauthorized material.
The materials omitted in the brief in chief were included in the Reply Brief but it must be remembered that the Appellee had no opportunity to answer at that point.
It is regretable that the Appellant was under the impression that he had complied with the rules by reason of the order issued by the court. However, we must again state that the petition was considered to be a petition to amend the Reply Brief in some particular.
It would be a gross violation of the Supreme Court Rules to allow sixty-six pages of original record to be inserted in a reply brief with no opportunity given the Appellee to answer.
This court has said repeatedly that it desires to consider all cases on the merits but in some instances we are unable to do so. This is such a case.
The Petition for Rehearing is denied.
Petition denied.
Cooper, C. J., Carson, Faulconer, JJ., concur.
Note. — Rehearing denied 225 N. E. 2d 581.