STATE EX REL. BODINE v. ELKHART COUNTY ELECT.

No. 3-184A7.

466 N.E.2d 773 (1984)

STATE ex rel., Richard Clay Bodine, et al., Plaintiffs-Appellants, v. ELKHART COUNTY ELECTION BOARD ET AL., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 2, 1984.


Attorney(s) appearing for the Case

David T. Stutsman, Stutsman & Stevens, Elkhart, for plaintiffs-appellants.

John D. Ulmer, R. Gordon Lord, Yoder, Ainlay, Ulmer & Buckingham, Goshen, Charles C. Wicks, Elkhart, Daniel A. Manion, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for defendants-appellees.


HOFFMAN, Judge.

On November 29, 1982, appellants filed an action for mandamus in the Elkhart Superior Court, challenging the certification of certain vote totals tallied during the November 2, 1982 general election. The trial court found the suit to be untimely filed, and granted defendants' motion for summary judgment. This appeal follows.

The sole issue on appeal is whether the trial court erred in dismissing this cause as untimely filed.

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