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

ORDER This 22 nd 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 decision dated August 11, 2016.

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

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