Opinion
No. 139725.
December 1, 2010.
Court of Appeals No. 283624.
Leave to appeal having been granted and the briefs and oral arguments of the parties having been considered by the Court, we vacate our order of March 24, 2010. The application for leave to appeal the August 13, 2009 judgment of the Court of Appeals is denied.
KELLY, C.J., and DAVIS, J., would reverse the Court of Appeals' decision for the reasons stated in the Court of Appeals dissenting opinion.
HATHAWAY, J., would reverse the judgment of the Court of Appeals.