Aetna Casualty & Surety v. Wild

ON MOTION FOR REHEARING

Appellant, Aetna Casualty and Surety Company, has moved for a rehearing. Among other points, appellant contends that the portion of our opinion wherein we reversed the award of attorney’s fees and remanded “that issue” to the trial court for determination conflicts with our judgment of April 2, 1997. Even though the issue of attorney’s fees is the only issue remaining in the case and our opinion specifically limited the remand to the issue of an award of attorney’s fees, in order to avoid any possible confusion, we will withdraw our judgment rendered April 2, 1997, and render a new judgment in lieu thereof.

Remaining convinced that our original disposition of the appeal was correct, we overrule appellant’s motion for rehearing.