IN THE

SUPREME COURT OF INDIANA 

IN RE THE MARRIAGE OF                    )           Supreme Court No. 52S00-0408-SJ-390

                                                                        )

TRACEY LUND                                           )

                                                                        )

and                                                                  )    

                                                                        )           Case No. 52C01-0207-DR-392

MICHAEL LUND                                       )           in the Miami Circuit Court

ORDER REMANDING JURISDICTION TO TRIAL COURT

      Comes now the Clerk of the Miami Circuit Court, and pursuant to Ind.Trial Rule 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 Miami Circuit Court and Special Judge Wayne E. Steel for clarification of the Chronological Case Summary. The clerk withdrew this matter on August 13, 2004, citing Judge Steele’s failure to rule following a hearing held on July 29, 2003. The Chronological Case Summary presented to the Court does not reflect that a hearing was held on July 29, 2003 or that any issues were taken under advisement.

      IT IS, THEREFORE, ORDERED that jurisdiction of this matter should be remanded to the Miami Circuit Court and Judge Wayne E. Steele to clarify whether a hearing occurred on July 29, 2003 and whether any issues were taken under advisement.

      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 Miami Circuit Court.

      The Clerk of the Miami Circuit 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 September, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana