¶1UPON MOTION FOR REHEARING
¶2The appellee, Gerald H. Carr, moved for rehearing advising this court that the pending counterclaim referred to in our previous opinion was that of the appellant *530and had been dismissed shortly after the filing of this appeal. Based upon the response and supplemental response filed by the appellant by order of this court, we grant the motion for rehearing, withdraw our previous opinion and affirm the judgment.
¶3AFFIRMED.