Opinion
No. 49S02-0509-CV-436.
November 21, 2005.
PUBLISHED ORDER VACATING PRIOR ORDER GRANTING TRANSFER
By order dated September 28, 2005, the Court granted a petition seeking transfer of jurisdiction of this appeal from the Court of Appeals to this Court. After further review, including oral argument, a majority of the Court has determined that transfer was improvidently granted. Accordingly, the order granting transfer is VACATED and transfer is DENIED. The Court of Appeals opinion reported as Doe v. Donahue, 829 N.E.2d 99 (Ind.Ct.App. 2005), is no longer vacated under Appellate Rule 58(A) and is reinstated as Court of Appeals precedent. Pursuant to Appellate Rule 58(B), this appeal is at an end.
The Court DIRECTS the Clerk to certify this order as final and to send copies of this order to the Hon. Robyn L. Moberly, Judge of the Marion Superior Court; the Hon. James S. Kirsch, Chief Judge of the Court of Appeals; Steve Lancaster, Court of Appeals Administrator; Kent Zepick, staff counsel to the Court of Appeals; and all counsel of record.
All Justices concur, except BOEHM and RUCKER, JJ., who believe transfer was properly granted.