In Case No. 2003-0321, Alfred Carbone v. Nancy S. Tierney, Esquire, the court on October 6, 2004, issued the following order:

The plaintiff’s motion for reconsideration is granted to the following extent: The slip opinion dated August 30, 2004, is hereby withdrawn. The parties shall file supplemental briefs not to exceed fifteen pages in length limited to the following issues: (1) whether the plaintiff preserved his claim that damages in the legal malpractice case should have included the interest on damages he would have been entitled to in the underlying case; (2) whether the amount of interest the plaintiff is entitled to as damages in the underlying case is a question for the jury; and (3) whether the interest on the underlying case should be calculated in accordance with New Hampshire or Massachusetts law. The plaintiff shall file its supplemental brief on or before October 22, 2004. The defendant shall file its supplemental brief on or before November 8, 2004.

            This case will not be scheduled for reargument.

                                                                                    Reconsideration granted in part.

            NADEAU, DALIANIS, DUGGAN and GALWAY, JJ., concurred.

Eileen Fox,