HUNTER, Justice. This cause is before us on the petition to transfer of Joseph Apostal, wherein he seeks review of the Court of Appeals decision found at Crestwood Park v. Apostal, (1980) Ind. App., 413 N.E.2d 654 (Miller, J., dissenting), aff'd on rehearing, Ind. App., 415 N.E.2d 757 (1981). We hereby grant transfer, vacate the decision and opinions of the Court of Appeals, and reinstate the judgment of the trial court.
Rehearing Denied January 29, 1981. See 415 N.E.2d 757. Appeal from the Circuit Court, Jasper County, Michael S. Kanne, J.