Fitzgerald, Abbott & Beardsley v. Miller
Filed 8/25/08 Fitzgerald, Abbott & Beardsley v. Miller CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
FITZGERALD ABBOTT & BEARDSLEY LLP, Plaintiff and Respondent, v. MICHELLE MILLER, Defendant and Appellant. | A118762 (Alameda County Super. Ct. No. RG05244486) [ORDER MODIFYING OPINION AND DENYING REQUEST TO DISMISS APPEAL] [CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on July 31, 2008, be modified as follows:
In the Disposition part of the opinion, on page 17, the sentence Costs on appeal are awarded to Fitzgerald. is deleted. The sentence The parties shall bear their own costs. is inserted in its place. There is a change in the Disposition, and therefore in the judgment.
The request to dismiss the appeal, filed on August 13, 2008 is denied.
DATE: _________________________
Pollak, Acting P. J.
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