Jolly v. MODISETT

This matter is before us on application of the defendant (petitioners, Jackson W. Modisett, et al.) for appointment of a special judge under Trial Rule 53.1 (A). Petitioners, on July 15, 1971, filed in the trial court a praecipe captioned “Request for Notice” addressed to the clerk of that court. This praecipe recited that the trial judge, following trial of the cause to the court, took the cause under advisement on September 24, 1970, with leave to parties to file briefs; that Defendants’ brief was filed November 1, 1970; and that said cause was held under advisement until June 22, 1971,…