Opinion
No. 29A05-0811-CR-686.
May 27, 2009.
ORDER
It has come to the attention of this Court that the May 22, 2009 memorandum decision in this matter, marked "Memorandum Decision-Not For Publication," should be recalled, withdrawn, and vacated. The matter has not been certified to the trial court and remains in fieri.See Public Serv. Comm. v. New York Central R.R. Co., 247 Ind. 411, 216 N.E.2d 716, 718 (1966).
Having reviewed the matter, the Court FINDS AND ORDERS AS FOLLOWS:
1. The May 22, 2009 opinion in this matter marked "Not For Publication" is hereby recalled, withdrawn, and vacated.
2. The Clerk of this Court is directed to mark the docket accordingly.
3. The Clerk of this Court is directed to send a copy of this order to all parties and counsel of record, the trial court, the Hamilton Circuit and Superior Courts Clerk, and West/Thomson/Reuters, Lexis, and all other sources to which decisions/opinions of this Court are sent.
4. The Hamilton Circuit and Superior Courts Clerk is directed to file a copy of this order under Lower Cause Number 29D04-0709-CM-4733, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders.
ORDERED this 27th day of May, 2009.
Bailey, Mathias, Barnes, JJ. concur