Suitts v. First Security Bank of Idaho, N.A. , 110 Idaho 15 ( 1985 )

ON PETITION FOR REHEARING

BISTLINE, Justice.

Respondent, First Security Bank of Idaho, has petitioned the Court for a rehearing. After full consideration the Court has determined that a rehearing is not in order, but that on one point raised by the petition and supporting brief the majority opinion should be modified.

Accordingly, we now hold in Part IIIB that the district court was correct in its ruling denying the plaintiffs leave to amend so as to pursue a claim for punitive damages. We perceive this to be so under the guidelines of Cheney v. Palos Verdes Investment Corp., 104 Idaho 897, 665 P.2d 661 (1983). In all other respects the September 27, 1985 opinion for the Court remains intact. A rehearing is denied.

DONALDSON, C.J., and HUNTLEY, J., concur. SHEPARD and BAKES, JJ., concur in the modification of the majority opinion, but otherwise continue to adhere to the views expressed in the September 27, 1985 dissenting opinion of BAKES, J.