Opinion
E031634.
10-10-2003
In re the Marriage of RANDY E. AND MICHELLE R. BUCHMILLER. RANDY E. BUCHMILLER, Respondent, v. MICHELLE R. BUCHMILLER, Appellant.
The petition for rehearing is denied. The opinion filed in this matter on September 11, 2003 is modified as follows:
On page 22, the second full paragraph, beginning, "At oral argument," is deleted and the following paragraph is inserted in its place:
"At oral argument, Michelles counsel claimed that Randys offer of proof was never served on her. She cited its lack of a proof of service. Micheles own offer of proof, however, similarly lacked a proof of service. In her motion to set aside the judgment, she objected for the first time that the offer of proof had not been served on her. In ruling on that motion, the trial court specifically found that both offers of proof had been lodged immediately after a chambers conference at which both sides had agreed that it could rely on them; it therefore ordered them filed. Thus, it appears that Michelles counsel waived any failure to serve the offer of proof."
Except for this modification, the opinion remains unchanged. This modification does not effect a change in the judgment.
McKinster, Acting P.J. and King, J., We concur.