IN THE

SUPREME COURT OF INDIANA 

IN RE THE MARRIAGE OF                    )       Supreme Court No. 17S00-0309-SJ-395

                                                                        )

BERNADETTE DERRICK                        )

                                                                        )

and                                                                  )    

                                                                        )           Case No. 17D01-0207-DR-72

MARK DERRICK                                       )           in the DeKalb Superior Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      Comes now the Clerk of the DeKalb Superior Court, and pursuant to Ind.Trial Rule 53.1, certifies this matter here for the appointment of a special judge.

      And this Court, being duly advised, now finds that the benefit of Trial Rules 53.1 or 53.2 may be waived where the deadline for a ruling has passed, but rather than filing a praecipe to withdraw the cause, a party files pleadings or otherwise takes voluntary action of record inconsistent with that party’s right to invoke those rules. See Board of Medical Registration v. Turner, 241 Ind. 73, 77-78, 168 N.E.2d 193, 195 (1960); State ex rel. Koppe v. Cass Circuit Court, 723 N.E.2d 866 (Ind. 2000). In the present case, the deadline for ruling would have been October 27, 2002. Subsequent to that date the respondent, instead of filing his praecipe for withdrawal, filed two motions to dismiss and, requested and received, permission to pursue an interlocutory appeal. Under this set of facts, the respondent has waived his right to invoke T.R. 53.1. Accordingly, we find that jurisdiction of this matter should be remanded to the DeKalb Superior Court and Special Judge George E. Brown.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter be remanded to the DeKalb Superior Court and Special Judge George E. Brown.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. George E. Brown, LaGrange Superior Court, 105 North Detroit Street, LaGrange, IN 46761-1896, and to the Clerk of the DeKalb Superior Court.

The Clerk of the DeKalb Superior Court is directed to forward notice of this Order to all parties of record in the case below.

DONE at Indianapolis, Indiana, this _______ day of November, 2003.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana