IN THE

SUPREME COURT OF INDIANA 

FORT WAYNE NEUROSURGERY        )           Supreme Court No. 17S00-0311-SJ-489

                                                                        )

vs.                                                                   )

                                                                        )    

KATHY N. LEWELLYN and                     )           Case No. 17D01-0109-CP-235

DEAN D. LEWELLYN                               )           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 Rules 53.1 and 53.2, certifies this matter here for the appointment of a special judge.

      And this Court, being duly advised, now finds that, jurisdiction of this matter should be remanded to the DeKalb Superior Court and Judge Kevin P. Wallace. The Chronological Case Summary in this case does not support withdrawal from Judge Wallace. The court set the summary judgment matter for hearing as required and the CCS does not reflect the filing of a motion to strike. As such, the record presented does not warrant withdrawal of the case from Judge Wallace.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the DeKalb Superior Court and Judge Kevin P. Wallace pending development of a record warranting further action by this Court.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Kevin P. Wallace, DeKalb Superior Court, 100 South Main Street, Auburn, IN 46706-3251, 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