State Ex Rel. Hoffman v. Allen Circuit Court

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, “[wjhenever a cause ... has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days,” upon the request of an interested…