Cheney v. Jemmett

ON DENIAL OF PETITION ON REHEARING

PER CURIAM.

On consideration and denial of the Petition for Rehearing we now conclude that it would be unjust to award attorney fees on appeal, and also that the award of attorney fees in the trial court below was improper. The judgment below is modified by striking therefrom the award of attorney fees, and as modified is affirmed.

Costs on appeal to respondent.

Rehearing denied.

In all other respects the Court adheres to its prior opinions issued October 15, 1984.