Opinion
Cause No. 49A05-0807-CV-419.
May 8, 2009.
ORDER
On December 16, 2008, the parties agreed to settle this case. On February 24, 2009. Appellant filed a Motion to Dismiss in which he alleged that the parties had entered into a settlement agreement and wished to voluntarily dismiss this appeal. Before this Court received Appellant's Motion to Dismiss, our Memorandum Decision/Not for Publication opinion in this case was handed down on February 26, 2009. Appellant and Appellee have now filed a Joint Motion to Set Aside Opinion.
Having reviewed the matter, the Court FINDS AND ORDERS AS FOLLOWS:
1. Appellant and Appellee's Joint Motion to Set Aside Opinion is GRANTED. The February 26. 2009 decision marked Memorandum Decision/Not for Publication is vacated, withdrawn, and HELD FOR NAUGHT.
2. The parties allege that this case has been settled. Therefore, this appeal is DISMISSED WITH PREJUDICE.
3. The Clerk of this Court is DIRECTED to send a copy of this Order to the parties, the trial court, the Marion 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 Marion Circuit and Superior Courts Clerk is DIRECTED to file a copy of this order under Lower Cause Number 49F12-0804-OV-014324, 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 8 th day of May, 2009.
Robb, Crone, Brown, J.J., concur.