OPINION ON MOTION FOR REHEARING
JAMES T. WORTHEN, Chief Justice.
The real party in interest, David Holiday ("Holiday"), filed a motion for rehearing. Pending our disposition of Holiday's motion, we stayed our order conditionally granting the writ. We deny the motion for rehearing, and the stay of our prior order is lifted. However, our opinion of October 23, 2002 is withdrawn, and the following opinion is substituted in its place.
Kimberly...
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