McCastlain v. Elmore

ANNABELLE CLINTON Imber, Justice.

This is an election-contest case. On appeal, Lona Horne McCastlain argues that the trial court erred when it dismissed Barbara Elmore’s complaint without prejudice. Ms. McCastlain contends that the trial court should have dismissed Ms. Elmore’s election contest with prejudice because the statutory time for filing an election-contest complaint had expired. We agree that the complaint should have been dismissed with prejudice, and affirm the trial court’s order as modified.

Lona Horne McCastlain and Barbara Elmore were candidates in the 1998 general election for…