Case law

In the Matter of the Term. of the Parent-Child Relationship of Je.Q., Ja.Q., and N.Q., Children, and T.Q.(Mother) & A.Q. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Jul 1, 2015

Standard of Review [12] Our standard of review with respect to termination of parental rights proceedings is well established. … In making that determination, we must consider whether the evidence clearly and convincingly supports the findings, and the findings clearly and convincingly support the judgment. Id. at 1229-30.

Stanton v. Price

178 Ind. App. 685 · Indiana Court of Appeals · Dec 29, 1978

She then decided to return to school in order to earn a degree in nursing which would qualify her for a more rewarding career. … Our ruling establishes the validity of a state work program as one means of helping AFDC recipients return to gainful employment.

State v. Gillespie

428 N.E.2d 1338 · Indiana Court of Appeals · Dec 14, 1981

When the issue of guilt is properly before the trial court, Gillespie could possibly present this evidence at trial to establish a defense. … “Impossibility” is clearly not a viable defense in Indiana.

Pichon v. Martin

35 Ind. App. 167 · Indiana Court of Appeals · Mar 29, 1905

Appellees filed a petition before the board of commissioners of Allen county, Indiana, to lay out and establish a public highway. Viewers were appointed, who made a favorable report. … Mason qualified as his executor, and as such is prosecuting this appeal, as are also the devisees of John B. Mason.

Indiana & Michigan Electric Co. v. Public Service Commission

495 N.E.2d 779 · Indiana Court of Appeals · Jul 29, 1986

The Commission also has authority to establish and review utility rates. … Section 9 defines "order" as "an agency action of particular applicability that determines the legal rights, duties, privi *785 leges, immunities, or other legal interests of one (1) or more specific persons."

Morton v. Gaffield

51 Ind. App. 28 · Indiana Court of Appeals · Jun 25, 1912

reward for the finding or procuring by one person, of a purchaser for the real estate of another, shall be valid, unless the same shall be in writing, signed by the owner of such real estate or his legally appointed and qualified … This letter clearly recognizes some authority in appellee over the farm of appellant, and clearly presumes that “my place” is a sufficient designation fully to advise appellee as to the place meant.

Dommer v. Dommer

829 N.E.2d 125 · Indiana Court of Appeals · Jun 10, 2005

Specifically, [husband] argues an interspousal immunity exception to Title III exists. … Subsection (b) provides immunity to persons relying in good faith on a warrant or extension of a warrant.

Myers v. Coats

966 N.E.2d 652 · Indiana Court of Appeals · Mar 29, 2012

The undisputed facts here establish that the DOC determines whether an incarcerated individual belongs on the Registry and also handles complaints about mistaken sex offender registrations. … Having found this issue dispositive, we need not address the parties' arguments concerning whether Coats’ claim is barred by the statute of limitations or whether Myers is entitled to qualified immunity.

Richard Brown and Janet Brown v. City of Valparaiso, Indiana

67 N.E.3d 652 · Indiana Court of Appeals · Dec 30, 2016

After establishing the Indiana Department of Transportation as the overseeing agency and setting forth various requirements and restrictions for approaches, the chapter indicates that a person who … Moreover, the structure of Section 1(d) reads largely as a grant of immunity to hospitals that lose records due to natural disasters.

A.M. v. Indiana Department of Child Services

45 N.E.3d 471 · Indiana Court of Appeals · Oct 27, 2015

The judgment will be set aside only if it is clearly erroneous. Id. A judgment is clearly erroneous if the findings do not support the trial court’s conclusions or. the conclusions do not support the judgment. In re R. … The judgment is not clearly erroneous. III.

Sans v. Monticello Insurance

718 N.E.2d 814 · Indiana Court of Appeals · Nov 5, 1999

Specifically, while in the United States Army, Elkins was trained and qualified in the use of a .45 caliber pistol. … The judgment is clearly erroneous when it is unsupported by the findings of fact. Id.

City of South Bend v. Kimsey

751 N.E.2d 805 · Indiana Court of Appeals · Jul 17, 2001

Reviewing courts defer to the discretion of the legislature in establishing classifications: It is, of course, competent for the legislature to classify objects of legislation. … permit other units to eventually qualify.

Osborne v. Wenger

572 N.E.2d 1343 · Indiana Court of Appeals · Jun 13, 1991

The objection was that no foundation had been laid during the deposition to qualify the doctor as an expert to give such an opinion. … [Citations omitted] We will reverse the trial court only when the trial court's judgment is clearly against the logic and effect of the facts and circumstances before the trial court. We find no abuse of discretion.

Lake County Beverage Co. v. 21st Amendment, Inc.

441 N.E.2d 1008 · Indiana Court of Appeals · Nov 24, 1982

It raises a presumption that the legislature intended to change the law unless it clearly appears that the amendment was passed in order to express the original intention more clearly. Ind. Alcoholic Beverage Comm. v. … There is no evidence to infer that Kuhn’s discount system was formulated in such a manner that only selected purchasers could qualify for the discounts.

Henry v. Moberly

6 Ind. App. 490 · Indiana Court of Appeals · Apr 12, 1893

Where the occasion is one of qualified privilege. … In this case the words set out in the complaint, if false, as therein alleged, are clearly libelous, unless justified, under the circumstances stated, by the privileges of the occasion. Pat chell v. Jaqua, 6 Ind.

Impink v. City of Indianapolis, Board of Public Works

612 N.E.2d 1125 · Indiana Court of Appeals · May 6, 1993

Notwithstanding their waiver of this issue, 1.C. 34-4-17.5-1 clearly requires: Sec. 1. … Hamilton Bank of Johnson City (1985), 473 U.S. 172 , 105 S.Ct. 3108 , 87 L.Ed.2d 126 (establishing a two-prong test to determine whether a taking claim is ripe for adjudication).

Environmental Properties v. City of Fort Wayne

178 Ind. App. 645 · Indiana Court of Appeals · Dec 27, 1978

The mode in which a municipality can seek modification of its territorial boundaries is exclusively established by the State Legislature. 62 C.J.S. Municipal Corp., § 50. … If appellants had not qualified as remonstrators, an action for declaratory judgment may have been an available avenue for relief.

Real Estate Support Services, Inc. v. Nauman

644 N.E.2d 907 · Indiana Court of Appeals · Dec 27, 1994

Thus, it appears that the [borrowers] would not qualify as third party beneficiaries to the FHA appraisal. Id. at 184 . … The surrounding cireumstances in Emmons included the determination that Congress had not intended to establish a duty of care for the benefit of borrowers from the FHA.

State v. Springer

585 N.E.2d 27 · Indiana Court of Appeals · Jan 21, 1992

He argues that no relationship supporting liability under I.C. 35-46-1-4 was established between himself and Flory, as Flory was not a “dependent” as defined in I.C. 35-46-1-1. … Moreover, the term “dependent” is clearly defined in I.C. 35-46-1-1, and may refer to an adult as well as a child.

In Re Paternity of MPMW

908 N.E.2d 1205 · Indiana Court of Appeals · Jul 9, 2009

Because Father and M.P.M.W. had not had a relationship prior to the filing of the paternity petition, a gradual schedule of unsupervised visitations was established. … The child's immunizations were not kept up to date by the Mother. Appellant's App. at 38-39.