Fergus v. Songer

THE COURT:

It is ordered that the opinion filed herein on May 3, 2007, be modified as follows:

1. On page 5, lines 3 and 4 of the first full paragraph, delete the sentence beginning with the word "Respondent" and ending with the word "him" and insert in it place:

Respondent did not share these proceeds with appellant. Prior to the sale, appellants had filed a complaint against him.

2. On page 27, lines 9 and10 of the second full paragraph, delete the comma and the words "and apparently cannot."

The sentence will then read:

Moreover, respondent did not indicate the amount of his loss or damage from the alleged malpractice.

[There is no change in the judgment.]

Respondents petition for rehearing is denied.