Count windows in Fireworks (applescript)

I am writing a script to be able to select ok when a batch process is opened in fireworks. I am having the script essentially sleep until the script detects a modal window. Then it will hit enter and keep the batches going. My problem is getting a count of window modal. I am using applescript.

I can get a count of total windows but when I add the modal property, it just doesn't work. Gives me this error:

error "Adobe Fireworks CS4 got an error: Can’t get every window of application \"Adobe Fireworks CS4\" whose modal = true." number -1728 from every window whose modal = true

Here is the script I am using

set allWindows to the count (the windows of application "Adobe Fireworks CS4" where modal is true)