Cole v. Dych , 1976 Tenn. LEXIS 577 ( 1976 )

OPINION ON PETITION TO REHEAR

HENRY, Justice.

Counsel for respondents have filed a dignified, courteous, forceful and persuasive petition to rehear.

It does not however raise any question that has not heretofore been fully considered by the Court.

It is in the nature of the appellate judicial process that the issues are generally arguable from the vantage point of either side to any given case or controversy; that the facts are susceptible of differing interpretations; and that it is a rare case indeed wherein the Court can say to a mathematical certainty that either party is entirely correct. Under the rules governing appellate review, such certainty is not required. Indeed, an appeal where either the law or the facts are not susceptible of a bon a fide dispute tends to be frivolous in nature, and most assuredly this appeal presented a bona fide and justiciable controversy. This Court has reached a decision upon the matter after thorough and painstaking attention and consideration. It has reconsidered in the light of the petition to rehear, and upon that reconsideration, feels that it must adhere to the original opinion.

The petition to rehear is respectfully overruled.

All concur.