Fluharty v. Fluharty

MODIFICATION

WILLIAM FLUHARTY, Plaintiff and Appellant, v. JACK FLUHARTY, Defendant and Respondent. No. C021772 (Super.Ct.No. 116728) California Court of Appeal Third Appellate District (Butte) Filed December 16, 1997
THE COURT:
        The opinion in this matter filed November 21, 1997, is modified in the following particulars:
        (1) At page 3*, line 15 from the top of the slip opinion, delete the second sentence of the second partial paragraph which reads: "The settlement stripped defendant of all his assets."
        (2) At page 3**, line 17 from the top, delete footnote 1 (this will require renumbering of the footnotes).
        (3) At the bottom of page 4*** of the slip opinion, delete "with the entirety of defendant's property divided among them" from the third sentence of the first paragraph of section II. The remaining sentence should read: "That claim was settled by plaintiff and his siblings."
        This modification does not affect the judgment. The petition for rehearing is denied.


BY THE COURT:
        Puglia, P.J.
        Morrison, J.


        * See Daily Appellate Report of November 25, 1997, page 14283, column 2, paragraph 2, lines 2 and 3.

        ** See Daily Appellate Report of November 25, 1997, page 14283, column 2, paragraph 2, line 4.

        *** See Daily Appellate Report of November 25, 1997, page 14283, column 2, paragraph 6, lines 4 and 5.