Comes now the Honorable Frances C. Gull, Administrative Judge of the Allen Superior Court, and certifies this cause to this Court for appointment of a special judge.  Further, comes now the defendant and files his Motion for En Banc Consideration of Motion to Renew Defendants Motion to Return Case to Original Venue.

      And this Court, being duly advised, now finds that a special judge should be appointed to hear this matter in the Allen Superior Court due to the unavailability of a judge under local appointment procedure.  This Court further finds that the Defendants motion for En Banc consideration should be denied.  This Court, by order dated June 17, 2003, previously denied defendants request for an interlocutory appeal regarding venue in this case.  Additionally, on November 25, 2003, this Court issued an order remanding this case to the Allen Superior Court for selection of a special judge pursuant to local rule.  The inability to qualify a special judge pursuant to local rule does not alter the venue of the case, but only requires the appointment of a special judge by this Court.

      IT IS, THEREFORE, ORDERED that the Honorable Steve David is appointed as special judge to hear this matter in the Allen Superior Court.  This order vests jurisdiction in Judge David.  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. Frances C. Gull, Allen Superior Court, 715 South Calhoun Street, #314, Fort Wayne, IN 46802-1805; to the Hon. Steve David, Boone Circuit Court, One Courthouse Square, Lebanon, IN 46052-2159; 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 February, 2004.

                                                                                                ________________________

                                                                                                Randall T. Shepard

                                                                                                Chief Justice of Indiana 

All Justices concur.

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