TEMPLE BRUNER STAPLES v. KEVIN MALLEY

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Appeals Court of Massachusetts.

TEMPLE BRUNER STAPLES v. KEVIN R. O'MALLEY & another.1

16-P-276

Decided: May 15, 2017

By the Court (Grainger, Sullivan & Lemire, JJ.)

ORDER ON PETITION FOR REHEARING

On the petition for rehearing filed by the plaintiff, Temple Bruner Staples, in the above matter having been considered, it is ordered that the petition be, and the same hereby is, denied.

We have modified our memorandum and order that issued on May 8, 2017, pursuant to our rule 1:28, in order to respond to the argument raised in the petition for rehearing. Footnote 5 is replaced with the following: We grant the landlord's request for appellate attorney's fees pursuant to the lease, which provides for recovery of reasonable attorney's fees and costs to enforce the lease or to recover possession or damages. In accordance with Fabre v. Walton, 441 Mass. 9, 10-11 (2004), the plaintiff may file an affidavit and documentation in support of her request within twenty-one days of the date of the rescript, and the defendants shall have fourteen days thereafter to respond. The landlord's request for double costs is denied.

So ordered.