Opinion
Record No. 2366-94-2.
November 9, 1999.
Appeal from the Circuit Court of the City of Petersburg Circuit Court Nos. F402-93 and F403-93.
It appearing to the Court that appellant's petition for rehearing en banc was granted in this case on September 10, 1999,nunc pro tunc to June 24, 1996; and it further appearing that no opening brief upon rehearing en banc has been filed, and that the time allowed by law within which to do so has expired, the appellee's motion to dismiss hereby is granted and the case is dismissed.
The Commonwealth shall recover of the appellant the fees and costs to be assessed by the clerk of the trial court.
This order shall be published and certified to the trial court.