Opinion
Cause No. 90A05-0512-CV-738.
August 4, 2006.
ORDER
On June 21, 2006, the Court handed down its opinion in this appeal marked Memorandum Decision, Not for Publication. The Appellee, by counsel, has filed a Motion to Publish Memorandum decision and to Correct Scrivener's Error. The Appellee states that Pursuant to Ind. Appellate Rule 65(B), the Appellee, Northern Indiana Public Service Company moves the court to publish its Memorandum Decision and to correct a scrivener's error contained therein "Inasmuch as the designated evidence established that Johnson failed to obtain the proper locates prior to performing its excavation work for the city under the contract, we conclude that the trial court properly entered summary judgment for the City." Should read ". . . . for NIPSCO."
Having considered the matter, the Court FINDS AND ORDERS AS FOLLOWS:
1. The Appellee's Motion to Publish Memorandum Decision and to Correct Scrivener's Error is GRANTED and this Court's opinion heretofore handed down in this cause on June 21, 2006 marked Memorandum Decision, Not for Publication is now ORDERED PUBLISHED, with scrivener's error corrected.
2. The Clerk of this Court is directed to send copies of said opinion together with copies of this Order to the West Publishing Company and to all other services to which published opinions are normally sent.
ORDERED this 4th day of August, 2006.