STATE EX REL. HOFFMAN v. ALLEN CIRCUIT COURT

No. 02S00-0704-OR-161.

868 N.E.2d 470 (2007)

STATE of Indiana ex rel. Kurt M. HOFFMAN, Relator, v. The ALLEN CIRCUIT COURT, Therese M. Brown, as Clerk Thereof, and The Hon. Craig J. Bobay, as Judge Thereof, Respondents.

Supreme Court of Indiana.

June 22, 2007.


Attorney(s) appearing for the Case

Kurt M. Hoffman, Fort Wayne, IN, Relator pro se.

Daniel J. Borgmann, Helmke Beams LLP, Fort Wayne, IN, Attorney for Respondents.


DICKSON, Justice.

By a summary order indicating that an explanatory opinion would follow, this Court on May 15, 2007, denied the relator's petition for a writ of mandamus. The relator had challenged under Indiana Trial Rule 53.2(A) the failure of the Clerk of the Allen Circuit Court to withdraw a cause from the respondent judge for failure to rule within ninety days.

Under Rule 53.2, "[w]henever a cause . . . has been tried to the court and taken under advisement...

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