concurring in part and dissenting in part.
¶ 1 I concur in the Court’s opinion disposing of appeal no. 89,582.
¶ 2 As to appeal no. 90,489, I concur with most of what the Court has said regarding the law applicable to that matter. I dissent, however, from remand. Defendants were given the opportunity to offer further submissions, and stood silent. I believe at that point in time the trial court and all parties justifiably concluded that the matter stood fully submitted. I would affirm the trial court.