Lewis v. Burke, Extr.

This cause is before us upon praecipe of Defendant (Petitioner) and the resultant notice from the Clerk of the Switzerland Circuit Court advising of the withdrawal of submission and requesting us to appoint a special judge by reason of the undue delay of the trial judge in ruling upon Defendant’s Motion to Dismiss; and it is now so docketed for determination under Trial Rule 53.2 (A).

Said notice and the praecipe therefor disclose that the petitioner’s motion to dismiss was filed and argued on December 1, 1970, and fully briefed and taken under advisement on January 29, 1971. It is further…