*1 Before HOLLAND , VALIHURA , and SEITZ , Justices.

ORDER This 8 th day of March, 2017, after careful consideration of the parties’ briefs and the record on appeal, we find it evident that the final judgment of the Superior Court should be affirmed on the basis of the court’s memorandum opinion and order dated August 16, 2016.

NOW, THEREFORE, IT IS ORDERED that the final judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Justice