ATTORNEYS FOR APPELLANTS ATTORNEYS FOR APPELLEES

STEPHEN B. CAPLIN KARL L. MULVANEY

JULIA A. HUDSON BRIAN W. WELCH Caplin Park Tousley & McCoy Bingham McHale LLP Indianapolis, Indiana Indianapolis, Indiana

MARVIN J. FRANK STANLEY J. PARZEN ROBERT M. HAMLETT JAMES C. SCHROEDER Frank & Kraft, P.C. Mayer, Brown, Rowe & Maw Indianapolis, Indiana Chicago, Illinois

IN THE

SUPREME COURT OF INDIANA

JASON L. INLOW, HEATHER N. JOHNSON, ) JEREMY H. INLOW and SARAH C. INLOW, ) ) Appellants (Plaintiffs below), ) 49S05-0302-CV-91 ) in the Supreme Court v. ) ) 49A05-0105-CV-225 ERNST & YOUNG, LLP and GREGORY P. ) in the Court of Appeals GOOCH, ) ) Appellees (Defendants below). )

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Gerald S. Zore, Presiding Judge Cause No. 49D07-9908-CT-1193

May 21, 2003 Per Curiam. The Court of Appeals held in this case that heirs to an estate had standing to file a free-standing lawsuit against the estate’s accountant for malpractice and negligence, to which action the personal representative could later become substitute plaintiff. Inlow v. Ernst & Young, LLP, 77l N.E.2d 1174 (Ind.Ct.App. 2002).

We granted transfer, thereby vacating the opinion of the Court of Appeals. Ind. Appellate Rule 58(A).

The parties have now filed a stipulation indicating that all pending matters between them have been settled. While we have occasionally issued opinions on matters already settled by the litigants, here, we elect to grant their request that the appeal be DISMISSED.

All Justices concur, except Sullivan, J., who is not participating.