ORDER DENYING EN BANC RECONSIDERATION and DIRECTING PUBLICATION OF ORDER DENYING REHEARING
Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Further, we direct the clerk of this court to publish the panel's order denying rehearing, which was filed on October 31, 2002, in the Nevada Reports.
It is so ORDERED.
BEFORE SHEARING, ROSE and BECKER, JJ.
ORDER DENYING REHEARING
Respondent has petitioned this court for rehearing of the opinion issued September 18, 2002. We note that this court did not misapprehend the record. Rather, as the district court's decision was based primarily upon the fact of incarceration, without consideration of other issues, this court could not consider other bases for termination. Nothing in our opinion is intended to prevent consideration of termination on other grounds. Accordingly, we deny rehearing. NRAP 40(c).
It is so ORDERED.