Hasso v. Hapke

RONALD HASSO,

as Trustee, etc.,

Plaintiff and Appellant,

v.

JOHN HAPKE,

Defendant and Appellant;

CHARLES FISH

INVESTMENTS, INC., et al.,

Defendants and Respondents

No. G047495

(Super. Ct. No. 30-2009-00333066)

RONALD HASSO,

as Trustee, etc.,

Plaintiff and Appellant,

v.

ROCKWATER AMERICAN

MUNICIPAL FUND, LLC, et al.,

Defendants and Appellants.

No. G047588

(Super. Ct. No. 30-2009-00333066)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed July 15, 2015

ORDER MODIFYING OPINION

AND DENYING PETITION

FOR  REHEARING

[CHANGE IN JUDGMENT]

Appellant John Hapke has filed a petition for rehearing in which he requests that we modify our opinion filed on June 19, 2014 to direct the trial court to enter judgment in his favor in accordance with Code of Civil Procedure section 629.  We GRANT his request for modification.

     The opinion filed in this case on June 19, 2014 is hereby ORDERED modified as follows: 

1.  On page 60 of the opinion, in the third full paragraph, delete the following sentence:  ?The order denying his motion for judgment notwithstanding the verdict is moot.?

2.  Substitute the following new sentence in its place:  ?The trial court shall enter judgment in his favor.?

This modification changes the judgment.

     The petition for rehearing filed on July 3, 2014 is DENIED.

MOORE, J.

WE CONCUR:

     O?LEARY, P. J.

     RYLAARSDAM, J.