ON MOTION TO DISMISS APPEAL
KLEIN, J.
We previously dismissed this appeal on appellees' motion, which asserted that the order being appealed was non-final, because a cross-claim remained pending in the trial court. When the appellant failed to respond to the motion, we assumed that he agreed with the appellees' argument on jurisdiction. Following our dismissal, however, appellant moved for rehearing and has persuaded us that we should not have dismissed...
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