IN THE
SUPREME COURT OF INDIANA
STATE OF INDIANA ) Supreme Court No. 52S00-0310-SJ-447
)
vs. )
) Case No. 52D01-0206-FD-88
JEFFREY COLLINS ) in the Miami Superior Court
ORDER REMANDING JURISDICTION TO TRIAL COURT
Comes now the Honorable Daniel C. Banina, Judge of the Miami Superior Court, and remands this cause to the Court for appointment of a special judge.
And this Court, being duly advised, now finds that jurisdiction of this matter should be remanded to the Miami Superior Court and Judge Daniel C. Banina. The Chronological Case Summary does not reflect a request for a change of judge. Further, if requested, local rule provides for the case to be assigned to the judge of the other Miami County court, or if disqualified, assigned to a judge from a list set forth in the local rule. Based on the record presented appointment by this Court is not warranted.
IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the Miami Superior Court and Judge Daniel C. Banina.
The Clerk of this Court is directed to forward notice of this Order to the Hon. Daniel C. Banina, Miami Superior Court, 25 North Broadway, Peru, IN 46970, and to the Clerk of the Miami Superior Court.
The Clerk of the Miami 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