Opinion
No. (CC 97C-12400; CA A103882; SC S46374)
Filed: August 12, 1999
On review from the Court of Appeals.
Appeal from Marion County Circuit Court.
On petition for review filed April 13, 1999, of an order of dismissal filed by the Court of Appeals on March 9, 1999.
John Wirth, petitioner pro se, filed the petition.
No appearance contra.
En Banc
Jennifer B. Todd, Judge pro tempore.
It appears that the order of the Court of Appeals dismissing the appeal in this case was based on an incorrect factual premise respecting petitioner's filing of an undertaking on appeal.
The petition for review is allowed. The decision on the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further proceedings.