IN THE

SUPREME COURT OF INDIANA 

IN RE THE MARRIAGE OF                    )           Supreme Court No. 25S00-0408-SJ-364

                                                                        )

GEORGE NICKELS                                  )

                                                                        )

and                                                                  )    

                                                                        )           Case No. 25D01-0204-DR-88

MARCIA NICKELS                                    )           in the Fulton Superior Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      Comes now the Clerk of the Fulton Superior Court and, pursuant to Ind.Trial Rule 53.2, upon respondent's praecipe 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 Fulton Superior Court and Judge Wayne E Steele. The Chronological Case Summary indicates that this case was taken under advisement with a decision due by October 22, 2003. In December of 2003, petitioner filed a motion with the court. Though ripe for a praecipe pursuant to Ind.Trial Rule 53.2, respondent made two requests for continuances. Waiver of the right to invoke Ind.Trial Rule 53.2 may be found when a party files pleadings or otherwise takes voluntary action of record inconsistent with that party’s right to invoke the rule. Further, appointing a special judge at this stage of the proceedings would defeat the overall purpose of expediting litigation.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the Fulton Superior Court and Judge Steele, who is hereby ordered to render a decision within thirty (30) days or show cause to the Court why a decision cannot be rendered.

      The Clerk of this Court is directed to forward notice of this Order to the Hon. Wayne E. Steele, Fulton Superior Court, 815 Main Street, Rochester, IN 46975-1593, and to the Clerk of the Fulton Superior Court.

      The Clerk of the Fulton 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 October, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana