# Indiana Department of Public Welfare v. DeVoux

> Indiana Court of Appeals · July 25, 1974 · 161 Ind. App. 40

URL: https://www.frixlaw.com/law-library/cases/9719979

## Case

- **Full name:** Indiana Department of Public Welfare and William R. Sterrett, Director of the Indiana Department of Public Welfare v. Kermit Vann DeVoux
- **Court:** Indiana Court of Appeals
- **Decided:** July 25, 1974
- **Citations:** 161 Ind. App. 40; 314 N.E.2d 79; 1974 Ind. App. LEXIS 901
- **Precedential status:** Published
- **Opinion:** Concurring in part by White
- **Judges:** Sullivan, White
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9719979

## Opinion text

Concurring and Dissenting Opinion
White, J.
I concur in the majority opinion insofar as it affirms the trial court judgment, but I also agree with appellee’s contention that once the improperly considered evidence is excluded from consideration, the evidence establishes as a matter of law that he is entitled to disability benefits. The *54 majority seems to say that it, too, would agree but for the fact that the improperly considered evidence was not inherently improper but only procedurally so. The distinction escapes me. However the consideration of that evidence is characterized, it resulted in agency action being unlawfully withheld. Under the A.A.A. provision the majority has emphasized the reviewing Superior Court was authorized to compel that action. As I understand its judgment that is precisely what it did and it should, therefore, be affirmed.
Note. — Reported at 314 N.E.2d 79 .

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9719979. Public record. Not legal advice.