Case law

Borgman v. State Farm Insurance

713 N.E.2d 851 · Indiana Court of Appeals · Jun 9, 1999

The burden is upon the party challenging the statute to clearly overcome the presumption by a contrary showing. Boehm v. Town of St. John, 675 N.E.2d 318, 321 (Ind.1996). … Rendleman, 603 N.E.2d 1333, 1337 (Ind.1992) (it is within the legislature’s authority to expand or restrict the scope of sovereign immunity through the Tort Claims Act). *856 We note that the relationship of the worker’s

Weiss v. Frick

693 N.E.2d 588 · Indiana Court of Appeals · Mar 31, 1998

On review of a modification of child support, the trial court’s judgment will be affirmed unless clearly erroneous, that is, unless it is clearly against the logic and effect of the facts and circumstances before the trial … Courts have a duty to provide an effective means for enforcing a support order or a parent could become immune from an order for support. Id. (quoting Gibson v. Bennett, 561 So.2d 565, 569 (Fla.1990), cited in Pettit v.

Indiana Department of Environmental Management v. Schnippel Construction, Inc.

778 N.E.2d 407 · Indiana Court of Appeals · Oct 28, 2002

This evidence, argued IDEM, established that the 260 linear feet threshold had been crossed. … inspector to conduct an inspection and a qualified asbestos removal contractor for the removal of RACM.

Kapoor v. Dybwad

49 N.E.3d 108 · Indiana Court of Appeals · Dec 15, 2015

The above provisions clearly absolve WTB of dny duty to Plaintiffs to provide tax, legal, or financial advice. … , non-qualified, and flexible compensation programs for clients across the country.

City of Hammond v. Conley

498 N.E.2d 48 · Indiana Court of Appeals · Oct 6, 1986

It is established that application of these provisions requires a request for payment, made prior to or concurrent with the employment. Palmer v. Stockberger (1963), 135 Ind.App. 263 , 193 N.E.2d 384, 388-889 . … App., 465 N.E.2d 1146 , rek. denied; In re Wardship of Turrin (1982), Ind.App., 486 N.E.2d 130 , or as a matter of statutory law in the area of governmental tort immunity. IND. CODE § 34-4-16.5-4; State, Dept. of Nat.

Indiana State Department of Public Welfare v. Foster

542 N.E.2d 234 · Indiana Court of Appeals · Aug 17, 1989

In order to qualify for Medicaid Foster had a resource limitation of $2250 or less. See 470 IAC 9.1-3-17(a). … However, IND.CODE 30-2-10-1 et seq. permits the establishment of a funeral trust with the money used to create the trust not counting against the financial resources of the applicant.

Glenn Sciaraffa v. State of Indiana

28 N.E.3d 351 · Indiana Court of Appeals · Apr 7, 2015

The trial court’s decision must be clearly erroneous and against the logic and effect of the facts and circumstances before it constitutes an abuse of discretion. Id. … The Rule provides (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or

Cure v. Cure

767 N.E.2d 997 · Indiana Court of Appeals · May 14, 2002

Thus, we will disturb a trial court's support order only | when it is clearly erroneous.") … Young, 654 N.E.2d 880, 883 (Ind.Ct.App.1995) 4 Emancipation of a child cannot be presumed; it must be established by competent evidence. Id.

Ford v. State

179 Ind. App. 535 · Indiana Court of Appeals · Mar 12, 1979

She stated that she could see the man clearly at that time, and that she looked “at everything about him, his mustache and everything.” … to qualify the document for admission under the “business record” exception. 5 Id.

In re: The Adoption of A.S.B., S.B. v. K.E. (mem. dec.)

Indiana Court of Appeals · May 20, 2015

Concluding the trial court’s decision was not clearly erroneous, we affirm. … This court has previously defined “unfit” as “[u]nsuitable; not adopted or qualified for a particular use or service” or “[m]orally unqualified; incompetent.”

Aaron v. REVIEW BD. OF INDIANA, ETC.

440 N.E.2d 1 · Indiana Court of Appeals · Sep 28, 1982

A temporary plan or method resulting in normal production would not qualify. … Clearly, the temporary methods employed by NIPSCO did not conform to its standards for the regular operation of its facilities.

Flanders v. State

955 N.E.2d 732 · Indiana Court of Appeals · Sep 19, 2011

Those who did not qualify based on the offenses committed were still subject to a hearing with the testimony of two experts. … Flanders qualifies as an SVP under these amendments because he has two unrelated convictions for sex offenses; neither of his offenses, individually, would qualify him as an SVP as a matter of law.

Fabian v. Goldstone

123 Ind. App. 49 · Indiana Court of Appeals · Feb 28, 1952

the judge presiding at a trial to indicate, by any comment or remark made in the presence and hearing of the jury, his opinion as to the weight or sufficiency of any evidence in the case, or as to what has or has not been established … That the trial court in giving the charge in controversy clearly invaded the province of the jury and therefore erred is settled beyond controversy, not only by the holding in Jones v.

C.B. v. B.W.

Indiana Court of Appeals · Mar 21, 2013

But, as Mother also notes correctly, that finding is qualified by the following language: “Especially since the child has no siblings with Mother currently, and the sibling with Father given the evidence.” … Here, it was Father who filed a petition to establish paternity.

State Farm Life Insurance Co. v. Fort Wayne National Bank

474 N.E.2d 524 · Indiana Court of Appeals · Feb 18, 1985

The statute clearly contemplates that corporate agents who transact business with one later deceased possess an interest adverse to the estate. … Since neither Houser nor Deutsch were qualified to testify concerning the memo, the trial court properly excluded its admission into evidence.

Leitch v. State

736 N.E.2d 1284 · Indiana Court of Appeals · Oct 30, 2000

After deciding to investigate this infraction, Reynolds activated his lights and followed the car into the lot of a car, wash establishment. … There, the Supreme Court specifically said that it was [not] inclined ... to qualify the breadth of the general authority to search incident to a lawful custodial arrest on an assumption that persons arrested for the offense

Ruth v. State

462 N.E.2d 269 · Indiana Court of Appeals · Apr 25, 1984

When based on hearsay, the affidavit shall contain reliable information establishing the credibility of the source and of each of the de-clarants of the hearsay and establishing that there is a factual basis for the information … Due to the fact that the affidavit contains only the affiant’s and informant’s conclusions and lacks the information necessary to qualify the hearsay statements for consideration, the affidavit clearly did not state probable

Lean v. Reed

854 N.E.2d 79 · Indiana Court of Appeals · Sep 19, 2006

The trial court found that there was no material issue of fact pertaining to the defense and that Lean failed to establish his defense as a matter of law. Lean now appeals. … The Oregon Court of Appeals determined that such reliance was insufficient as a matter of law to immunize the director from liability. Id. at 1085.

Jennifer Spivey v. Charles Spivey (mem. dec.)

Indiana Court of Appeals · Dec 16, 2020

FILED this Memorandum Decision shall not be regarded as precedent or cited before any Dec 16 2020, 9:50 am court except for the purpose of establishing … “A trial court abuses its discretion only when its decision is clearly against the logic and effect of the facts and circumstances before the court.” Id.

King v. State

73 Ind. Dec. 84 · Indiana Court of Appeals · Dec 17, 1979

the prosecuting attorney is an interested party, or otherwise clearly incapacitated, the court may appoint an attorney to represent the interests of the state. … State (1975), 163 Ind.App. 413 , 324 N.E.2d 270 (witness not required to be a chemist to qualify to identify marijuana).