Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 00CC06333
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; NO CHANGE IN JUDGMENT
FYBEL, J.
It is ordered that the opinion filed herein on March 16, 2009, be modified as follows:
1. On page 3, in the paragraph that continues from page 2, delete the entire last sentence beginning “As a result,” and replace it with the following sentence:
As a result of our decision in Sole Energy VI, Sole Energy Corporation’s remaining causes of action are for intentional interference with prospective economic advantage and intentional interference with contract against Petrominerals.
2. On page 8, in the second paragraph, delete the entire last sentence beginning “Those expenses totaled,” and replace it with the following sentence:
Swaney testified in his deposition those expenses totaled between $200,000 and $300,000.
3. On page 17, after the first paragraph beginning “Declining to give res judicata,” add the following new paragraph:
Our decision in Sole Energy VII was not on the merits because it was based on Plaintiffs’ failure to meet their burden on appeal. In Sole Energy VII, we did not hold, on the merits, that Hodges did not engage in fraudulent conduct. Our opinion held only that he cannot be personally liable for fraud because Plaintiffs failed to supply citations to the record and legal authority on the issues of causation and damages to meet their appellate burden. To recover against Petrominerals, Harwood will have to prove Hodges engaged in conduct rendering Petrominerals liable for fraud.
These modifications do not effect a change in the judgment. The petition for rehearing is DENIED.
WE CONCUR: SILLS, P. J., ARONSON, J.