Opinion
Record No. 1029-01-3. Circuit Court No. CH95-76-02.
July 23, 2002.
Upon a Rehearing En Banc.
Frank K. Friedman (Richard C. Maxwell; John Cotton Richmond; Woods, Rogers Hazlegrove, P.L.C., on briefs), for appellant.
J. Emmette Pilgreen, IV (Jonathan S. Kurtin; Harvey S. Lutins Associates; Shapiro Kurtin, on brief), for appellee.
Before Chief Judge Fitzpatrick, Judges Benton, Willis, Elder, Bray, Annunziata, Bumgardner, Frank, Humphreys and Clements
By memorandum opinion, a divided panel of this Court affirmed in part, reversed in part, and remanded to the trial court for further proceedings. We subsequently granted a rehearing en banc and stayed the mandate of the panel decision.
Upon rehearing en banc, it is ordered that the stay of the January 15, 2002 mandate is lifted, and the judgment of the trial court is affirmed, in part, reversed in part, and remanded to the trial court for further proceedings in accordance with the majority opinion of a panel of this Court.
Judges Benton, Willis and Frank concur, in part, and dissent, in part, for those reasons expressed in the concurring and dissenting opinion of the panel.