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FOR PUBLICATION
ATTORNEY FOR APPELLANT: THOMAS D. SEAL Richmond, Indiana ATTORNEY FOR APPELLEE: FREMONT O. PICKETT Shoals, Indiana

IN THE COURT OF APPEALS OF INDIANA
LINDA NOLAN Appellant-Plaintiff, vs. RICHARD TAYLOR in his Capacity as the Chairman of the Martin County Democrat Central Committee, and JOHN HUNT, and THE MARTIN COUNTY DEMOCRATIC CENTRAL COMMITTEE, Appellees-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 51A05-0608-CV-442

APPEAL FROM THE MARTIN SUPERIOR COURT The Honorable William E. Weikert, Special Judge Cause No. 51C01-0512-MI-330

April 20, 2007

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary and Issue Linda Nolan appeals the trial court's order denying her Petition to Challenge Results of Caucus, dissolving a preliminary injunction issued by the trial court, and declaring John Hunt the pro tempore Clerk of the Martin Circuit Court. On appeal, Nolan raises many issues, 1 but we find one issue dispositive: whether the trial court had jurisdiction to hear Nolan's challenge to the results of a political caucus held to appoint a pro tempore court clerk. Concluding that the trial court did not have jurisdiction, we affirm in part, and remand with instructions to dismiss. Facts and Procedural History 2 In 2002, Debra S. Christmas, a member of the Democratic political party, was elected as the Martin County Circuit Court Clerk. On October 18, 2005, Christmas tendered her resignation, which was to be effective on January 6, 2006. At this and all relevant times, James Richard Taylor was the Chairman of the Martin County Democratic Central

In her lengthy Statement of the Issues, Nolan indicates that she is raising eleven issues. However, it is apparent that many of these "issues" are merely challenges to particular factual findings or legal conclusions reached by the trial court, and that Nolan is actually raising only the four issues identified in her Argument section. We remind counsel that the Statement of Issues "shall concisely and particularly describe each issue presented for review." Ind. Appellate Rule 46(A)(4) (emphasis added). Nolan's Statement of the Case contains primarily argument, and does not inform this court of the course of the proceedings or the disposition of the issues raised. See Ind. Appellate Rule 46(A)(5) ("This [Statement of the Case] shall briefly describe the nature of the case, the course of the proceedings relevant to the issues presented for review, and the disposition of these issues by the trial court . . . ."). The Appellees' brief does not contain a Statement of the Case, but indicates that they agree with Nolan's statement.
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Committee, as well as a committeeperson. Pursuant to Indiana statute, 3 Taylor convened a caucus of the Martin County Democratic precinct committeepersons on November 19, 2005, for the purpose of appointing a new clerk. Also pursuant to Indiana statute, 4 Taylor mailed notice of this caucus to all the committeepersons who were eligible to participate. Two of the committeepersons to whom Taylor mailed notice had moved out of the precinct they represented. According to the Rules of the Indiana Democratic Party ("Party Rules"), "[i]f a committeeperson moves out of his or her precinct and the County chair has knowledge of the same, the chair shall notify said committeeperson by registered mail of his retirement in absentia as committeeperson." Party Rule 11(l)(1). Both committeepersons received notice of the caucus at their new residence. Neither had been notified of their retirement in absentia, and both participated in the caucus. The night before the caucus, committeeperson James Sorrells resigned and informed Taylor that he would not be attending the caucus. Sorrells testified that Taylor told him that Sorrells' vice committeeperson would not be allowed to vote as his proxy. Taylor testified that he did not make this statement, but did state that he told others on the day of the caucus that he would not allow Sorrells' vice committeeperson to vote. 5 Neither Sorrells nor his vice committeeperson attended the caucus. Additionally, committeeperson Robin Haulk
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Indiana Code section 3-13-6-3 states: "A vacancy in the office of clerk of the circuit clerk that was last held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus under IC 3-13-11." Indiana Code section 3-13-11-3 indicates that the county chairman of the same political party of the person elected is to give notice of the caucus.
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See Ind. Code

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