IN THE
SUPREME COURT OF INDIANA
WILLIAM G. BERGHOFF, ET AL. ) Supreme Court No. 02S00-0411-SJ-489
)
vs. )
) Case No. 02D01-0210-PL-499
TOWER BANK & TRUST CO., ET AL. ) in the Allen Superior Court
ORDER APPOINTING SPECIAL JUDGE
Comes now the Clerk of the Allen 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 a special judge should be appointed to hear this matter in the Allen Superior Court pursuant to Ind.Trial Rule 53.1.
IT IS, THEREFORE, ORDERED that jurisdiction of this matter is withdrawn from the Honorable Stanley A. Levine, who is directed to file a report with the Indiana Supreme Court pursuant to Ind.Trial Rule 53.1(F).
IT IS THEREFORE, FURTHER ORDERED that the Honorable David Avery is appointed as special judge to hear this matter in the Allen Superior Court. This order vests jurisdiction in Judge Avery. Pursuant to Ind.Trial Rule 79(K), an oath of office is not required.
The Clerk of this Court is directed to forward notice of this Order to the Hon. Stanley A. Levine, Allen Superior Court, 715 South Calhoun Street, #317, Fort Wayne, IN 46802-1805; to the Hon. David Avery, Allen Superior Court, 715 South Calhoun Street, #319, Fort Wayne, IN 46802-1805; and to the Clerk of the Allen Superior Court.
The Clerk of the Allen 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 December, 2004.
________________________
Randall T. Shepard
Chief Justice of Indiana