Ferguson v. Order of United Commercial Travelers of America

Melvin Mayfield, Judge.

In an unpublished opinion issued by this court on April 3, 1991, a division of three judges reversed the trial court’s order granting the appellee’s motion for summary judgment. The appellee filed a motion for rehearing which three of the six judges of the court have voted to deny. Thus, the petition for rehearing, having not been granted by a majority of the court, is denied. See Ark. Code Ann. § 16-12-114 (1987). Because the judges are equally divided on the petition for rehearing and because the original opinion was not published, we issue this supplemental opinion.

Th…