ORDER ON PETITION FOR REHEARING
HARBISON, Justice.A petition for rehearing has been filed on behalf of appellee requesting that the Court modify its opinion and mandate in this case so that upon remand appellee may have an opportunity to amend the complaint if this can properly be done within the ethical requirements of Rule 11, T.R.C.P.
Inasmuch as the motion of appellants to dismiss the complaint in its entirety was sustained for the first time by this Court on appeal, the motion of appellee is well taken. Butler v. Trentham, 224 Tenn. 528, 458 S.W.2d 13 (1970).
The opinion and order of dismissal heretofore entered will be modified and upon remand the trial court will afford counsel for appellee a reasonable time within which to file an amendment to the complaint if desired. Otherwise the cause will stand dismissed. If an amendment is filed, the trial court will conduct such further proceedings as may be appropriate.
As a condition to amending the complaint, appellee will pay all costs incident to the appeal of this cause.
FONES, C.J., and COOPER, BROCK and DROWOTA, JJ., concur.