CERTIFIED FOR PUBLICATION
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
KITCHING, J.
THE COURT:
It is ordered that the opinion filed herein on December 21, 2012, be modified as follows:
On page 6, the first two sentences of section 8 under Factual and Procedural Background beginning "Both Cussler and Crusader" are deleted and the following two sentences are inserted in their place: "Cussler appealed the May 15, 2008, judgment...
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