ON MOTIONS FOR REHEARING AND LEAVE TO FILE SUPPLEMENTAL TRANSCRIPT
After filing our opinion of October 12, 1973, Zuider Zee filed its motion for rehearing and also its motion for leave to file a supplemental transcript.
Martin filed an instrument denominated Remittitur of Appellee in which he represented and admitted that the amount of interest included in the judgment from which the instant appeal was taken totalled $2,766.51, and prayed that instead of remand to the trial court this Court reform the judgment by deleting said amount so as to reduce the amount of the judgment to the figure of $53,219.03.
By the request that we permit the filing of a supplemental transcript containing the trial court’s order granting Zuider Zee the right to inspect certain records in the files of Martin’s attorneys, but denying its right to inspect certain other records which also are in the attorneys’ files, Zuider Zee sought to correct our statement in our opinion that the court had never made an official order or notation relative to the production of documents.
We deny leave to file the tendered Supplemental Transcript. Save for the fact that thereby we know that there was an order of the court, its provisions would in no way alter our former disposition of the case. No order was ever sought or entered that documents were privileged and not subject to inspection. Zuider Zee’s complaint in its motion for new trial does not complain of the court’s failure to retain copies thereof.
We also overrule Zuider Zee’s motion for rehearing.
We accept the remittitur of appellee, Bill Martin; and, in view of the remittitur, reform the judgment of the trial court so as to reduce the amount of damages thereby decreed to the figure $53,219.03, plus interest.
Since there may be only one final judgment in a case we therefore withdraw and cancel our judgment rendered pursuant to our opinion dated October 12, 1973, and in its place and stead decree as our judgment the reformation of the judgment of the trial court by reducing the amount of damages thereby awarded by $2,766.51 so that the amount of damages to be recovered, as of the date of the judgment of the trial court, shall be $53,219.03, plus interest. As so reformed the judgment is affirmed.
All costs of appeal are taxed against Zuider Zee Oyster Bar, Inc.