Segal v. Emmes Capital, L.L.C.

OPINION ON REHEARING

SAM NUCHIA, Justice.

Appellants Richard J. Segal and Judith Segal (“the Segals”) have moved for rehearing, as have appellants Joe Fogarty and Nancy Fogarty (“the Fogartys”). Ap-pellee, Emmes Capital, L.L.C. (“Emmes”), has responded to both rehearing motions. We have granted the Segals’ unopposed motion to supplement the appellate record on rehearing. We now grant the rehearing motions. Although we withdraw our opinion and judgment dated October 10, 2002 and issue this opinion and judgment in their place, our ultimate disposition of the trial court’s judgment remains…