Mark Properties, Inc. v. National Title Co.

OPINION ON REHEARING

By the Court,

Rose, J.:

On December 14, 2000, we issued an opinion affirming in part and reversing in part the district court’s summary judgment, and remanding this case to the district court.1 Subsequently, respondent National Title Company filed a petition for rehearing, to which Mark Properties, Inc., responded. We have reviewed the parties’ submissions, as well as the briefs and appendix, and we conclude that rehearing is warranted. Additionally, our prior opinion must be withdrawn. We now issue this opinion in place of our prior opinion.

At issue in this appeal is…