IN THE INDIANA SUPREME COURT
APOLLO PLAZA LTD.,                )    Supreme Court cause

                                     )    No. 02S03-0203-CV-192
Appellant (Garnishee-Defendant Below ),    )     
                                     )    Court of Appeals cause
v.                                   )    No. 02A03-0011-CV-400
                                     )
ANTIETAM CORP. and TERESA PENNY,     )
                                     )    Trial court cause
Appellees (Plaintiffs Below          ), 
et al.                        )    No. 02D01-9602-CT-67        
    
PUBLISHED ORDER

    
The Court of Appeals decided this appeal by opinion on July 12, 2001. Apollo Plaza Ltd. v. Antietam Corp., et al., 751 N.E.2d 336 (Ind. Ct. App. 2001). The Appellant, Apollo Plaza Ltd., filed a petition to transfer on August 9, 2001. On March 15, 2002, Apollo and the Appellees, Antietam Corp. and Teresa Penny, filed their “Joint Motion for Dismissal of Petition to Transfer.”

The Court hereby GRANTS transfer, thus vacating the Court of Appeals’ opinion. See Ind. Appellate Rule 58(A). Having accepted jurisdiction, the Court now DISMISSES the appeal as moot.

The Clerk is directed to send copies of this order to all counsel of record; to the Hon. Daniel G. Heath, Judge, Allen Superior Court; to West Group for publication among the reported decisions of this Court; and to LexisNexis.

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

s/Randall T. Shepard
_________________________
Randall T. Shepard
Chief Justice of Indiana

All Justices concur.