Case law

DeBoer v. DeBoer

669 N.E.2d 415 · Indiana Court of Appeals · Jul 15, 1996

An abuse of discretion occurs when the decision is clearly against the logic and effect of the facts and cireumstances before the court. Id. … Charlene alleges error in the determination that David need not contribute to a college fund established by the parties and by naming David administrator of the fund, because he "is the most qualified of the two parents to

In Re Paternity of MGS

756 N.E.2d 990 · Indiana Court of Appeals · Oct 11, 2001

. § 31-19-9-15 [3] is not jurisdictional, and *997 the trial court should have concluded that his irrevocable implied consent was inequitable because his behavior clearly evinced an intent to establish parental rights. … Specifically, I.C. § 31-19-9-15 clearly states that a putative father forgoes his right to establish paternity of the child if he fails to file his paternity action within thirty days of receiving notice of the potential

Shenmei Yuan v. Wells Fargo Bank, N.A.

Indiana Court of Appeals · Dec 21, 2020

Logan, 728 N.E.2d 855, 858 (Ind. 2000) (“Unsworn statements . . . do not qualify as proper Rule 56 evidence.”). … Used in the Hogueison Affidavit [16] Yuan’s next challenge to the Hogueison Affidavit is that it did not provide a proper foundation for the admission of Exhibits 1-4 as business records because it is “clearly

Ronald Gaines v. State of Indiana

999 N.E.2d 999 · Indiana Court of Appeals · Dec 20, 2013

Moreover, the exhibit clearly demonstrates that a protective order was issued to S.G. to prevent Gaines from contacting her and clearly ordered Gaines to stay away from S.G.’s residence. … and not for the purpose of establishing or proving some fact at trial—they are not testimonial.”

Pardue v. Perdue Farms, Inc.

925 N.E.2d 482 · Indiana Court of Appeals · Apr 21, 2010

Charles Issel. 32) Plaintiffs' expert, Anthony Havies, was not qualified to render opinions on proximate causation, nor did Mr. … We define the clearly erroneous standard based upon whether the party is appealing a negative judgment or an adverse judgment.

Thomas Roberts v. State of Indiana

Indiana Court of Appeals · Oct 4, 2013

The standard used to review claims that a statute is unconstitutional is well established: “every statute is presumed to comport with the Constitution until clearly overcome by a contrary showing.” Schweitzer v. … Equal Privileges and Immunities Roberts also claims that the sentence modification statute violates Article 1, Section 23 of the Indiana Constitution.

Damonta Lamont Jarrett v. State of Indiana

Indiana Court of Appeals · Nov 30, 2020

These statutes do not clearly permit multiple punishments, either expressly or by unmistakable implication. … Here, there is no dispute that Jarrett’s attempted robbery conviction qualifies.

Ross v. Lambert

79 Ind. App. 30 · Indiana Court of Appeals · Nov 23, 1922

Ross is the duly appointed, qualified and acting receiver of said railroad, having been first appointed by the U. S. District Court in the State of Ohio, and that an ancillary appointment was made later by the U. S. … The contention as expressly stated is that the city court had no jurisdiction of the subject-matter of the action; but, from the reasons given in support of the contention, it clearly appears that in reality the objection

Antonio L. Vaughn v. State of Indiana

13 N.E.3d 873 · Indiana Court of Appeals · Jul 15, 2014

We reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Id. … We will reverse only where the decision is clearly against the logic and effect of the facts and circumstances. Id.

Lockridge v. Citizens Trust Co. of Greencastle

110 Ind. App. 253 · Indiana Court of Appeals · Dec 4, 1941

Lockridge died testate, and on March 5, 1928, the appellee, Citizens Trust Company of Greencastle, Indiana, qualified as executor of his will. … control the same for the best interest of the testator’s estate, and where it is given power to determine what shall be for the best interest of the testator’s estate, notwithstanding any bequests made in the will, then, clearly

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.S.M. (Minor Child) and A.M.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Apr 27, 2018

All rights, powers, privileges, immunities, duties, and obligations concerning the Child, including the right to consent to adoption, pertaining to that relationship are permanently … Accordingly, we cannot say that it is clearly erroneous in this regard.

School City of Hammond District v. Chad Rueth

71 N.E.3d 33 · Indiana Court of Appeals · Feb 14, 2017

[24] Here, the evidence clearly established that Principal Ondas intended to open up Gavit’s athletic director position to other candidates at the end of Rueth’s contract term. … civil immunity for employers who disclose information about [current and] former employees unless that information was known to be false, and requires prospective employers to provide copies of the disclosures

Pottlitzer v. Wesson

8 Ind. App. 472 · Indiana Court of Appeals · Dec 21, 1893

The evidence tends to establish the fpllowing state of facts: Appellants are partners, doing business in Fort Wayne and Lafayette, Indiana, under the name of Pottlitzer Brothers; and appellees are partners, doing business … It clearly appears in this case that appellants did inspect and know just what the bananas were before accepting them.

Sturrup v. Mahan

290 N.E.2d 64 · Indiana Court of Appeals · Dec 13, 1972

He established a new residence with a legally appointed guardian. … Rights, privileges and immunities not derived from the federal Constitution or secured thereby are left exclusively to the protection *71 of the states.'

In Re Guardianship of Cmw

755 N.E.2d 644 · Indiana Court of Appeals · Sep 14, 2001

In November 2000, Mother and C.M.W. moved to Arkansas and established residence with Mother's boyfriend and two roommates. … Thus, neither Arkansas nor Indiana qualifies as C.M.W.'s home state.

Bei Bei Shuai v. State of Indiana

Indiana Court of Appeals · Feb 8, 2012

A decision is an abuse of discretion when it ―is clearly against the logic and effect of the facts and circumstances.‖ Prewitt v. State, 878 N.E.2d 184, 188 (Ind. 2007). … I conclude that by charging Shuai with the intentional killing of a viable fetus, the State failed to establish the essential element of that crime, i.e., that A.S. was a viable fetus.

Randall L. Grigsby v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 7, 2016

To qualify as fundamental error, “an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.” Willey v. … Having waived in his brief the question of the inadmissibility of the evidence at issue, Grigsby cannot establish error—to say nothing of his ability to meet the extremely high threshold required to establish

Lee Alan Bryant Health Care Facilities, Inc. v. Hamilton

788 N.E.2d 495 · Indiana Court of Appeals · May 16, 2003

. _ Bryant Health Care is a qualified provider of residential care to RCAP recipients. … Thus, contrary to Plaintiffs' assertion, these statutes do not obligate DDARS to pay for residential care for all qualified individuals.

In the Matter of: L.S., C.S., & W.S., (Minor Children) and J.S. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · Apr 6, 2016

Supreme Court Court of Appeals as precedent or cited before any court except and Tax Court for the purpose of establishing … L.S. did not qualify for the program and neither parent sought any further treatment or therapy.

Scott David Luce v. Cathy Sue Luce n/k/a Cathy Sue Valenti (mem. dec.)

Indiana Court of Appeals · Sep 30, 2020

Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Sep 30 2020, 8:54 am court except for the purpose of establishing … Further the terms of the Qualified Domestic Relations Order are similarly clear. First, the parties both signed the Qualified Domestic Relations Order.