OXLEY v. MATILLO

Appellee, Vicki S. Matillo, by counsel, files an "Appellee's Petition to Transfer." The opinion of the Court of Appeals is found at Oxley v. Matillo, 747 N.E.2d 1179 (Ind.Ct.App. 2001).

In light of this Court's decision in Ray-Hayes v. Heinamann, 760 N.E.2d 172 (Ind. 2002), this Court GRANTS the Petition to Transfer, thereby vacating the opinion of the Court of Appeals, see Appellate Rule 58(A), and AFFIRMS the trial court's dismissal of this action.

The Clerk is directed to send copies of this order to all counsel of record.

Done at Indianapolis, Indiana this 22nd day of February, 2002.

/s/ Randall T. Shepard

Randall T. Shepard Chief Justice of Indiana

All Justices concur, except for DICKSON, J., who dissents without opinion.