Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ORDER MODYFING OPINION AND DENYING REHEARING
NO CHANGE IN JUDGEMENT
THE COURT:
It is ordered that the opinion filed herein on March 20, 2008, be modified as follows:
1. On page 18, line 16, the words “and the trial court made no such finding” are deleted. The sentence should read:
“Thus Fred’s failure to settle did not alone cause the matter to go to trial.”
2. On page 19, lines 14 and 15, the following sentence is deleted:
“We find nothing in the record, however, to support that conclusion.”
There is no change in the judgment.
Appellant’s petition for rehearing is denied.