Case law

Sharp v. Catron

142 Ind. App. 304 · Indiana Court of Appeals · Mar 4, 1968

A special judge was selected, qualified and assumed jurisdiction, on the matter of the Determination of Heirship. … The appellants argue that this change clearly indicates the intention of the Legislature in the Act 1953, supra, by passing the Act of 1965, supra, containing language which embodies the construction urged by appellants.

Twin City Realty Corp. v. Clay Utilities, Inc.

146 Ind. App. 629 · Indiana Court of Appeals · Apr 27, 1970

We are neither technically qualified to assess the myriad factors and considerations required for the establishment of utility rates nor do we have the time to do so. … administered by a body composed of a personnel especially qualified by knowledge, training and experience pertaining to the subject-matter committed to it * * *”.

Indiana Forge & MacHine Co. v. Northern Indiana Public Service Co.

72 Ind. Dec. 490 · Indiana Court of Appeals · Nov 15, 1979

Shevin (1972), 407 U.S. 67 , 92 S.Ct. 1983 , 32 L.Ed.2d 556 to point out that not all summary action is immune to due process challenge. … Here the petitions were heard ex parte and the Commission clearly elected to forego any cross examination.

Marriage of R.E.G. v. L.M.G.

571 N.E.2d 298 · Indiana Court of Appeals · May 14, 1991

The trial court awarded the wife 60% of the marital estate finding that the husband's homosexual relationships may have placed the wife at risk for developing Acquired Immune Deficiency Syndrome [AIDS]. … Clearly the facts before this Court make this an egregious case.

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.

Indiana High School Athletic Ass'n v. Garcia

876 N.E.2d 350 · Indiana Court of Appeals · Nov 14, 2007

“The rule does not create a priority among the subsections establishing preferred venue.” Coffman, 872 N.E.2d at 147 . … However, this evidence, when taken with the decision in Carlberg , did not conclusively establish that Marion County was the proper venue.

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.”

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.

Indiana Family & Social Services Administration v. Ace Foster Care & Pediatric Home Nursing Agency Corp.

823 N.E.2d 1199 · Indiana Court of Appeals · Mar 8, 2005

The power to issue a preliminary injunction should be used sparingly, and such relief should not be granted except in rare instances in which the law and facts are clearly within the moving party's favor. … Absent a determination of FSSA's immunity, Ace's unsupported assertion falls far short of the preponderance of the evidence necessary to sustain its burden.

In the Termination of the Parent-Child Relationship of P.K. and R.K. and: R.D. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 28, 2017

Father, however, received too much money through disability to qualify for state-assisted child care. … the evidence clearly and convincingly supports the trial court’s findings and whether the findings clearly and convincingly support the judgment.

Chaffin v. Nicosia

297 N.E.2d 904 · Indiana Court of Appeals · Jun 27, 1973

Clearly, this language is unambiguous and is not susceptible to the exception urged. … This is clearly not permissible in view of prior Indiana case law.

Clark v. Worrall

33 Ind. App. 49 · Indiana Court of Appeals · Nov 5, 1903

Potter was named as executor; that thereupon said Potter qualified as such executor, took possession of the estate, and entered upon the duties of his trust. … Such a provision in a will does not contravene an established rule of law, as will be seen later in this opinion.

Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Commission

945 N.E.2d 187 · Indiana Court of Appeals · Mar 3, 2011

The trial court’s judgment will be reversed only when clearly erroneous. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. … A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made.

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

Inlow Children v. Personal Representative of the Estate of Inlow

735 N.E.2d 240 · Indiana Court of Appeals · Sep 6, 2000

The judgment is clearly erroneous when it is unsupported by the findings of fact. … However, a careful reading of Larson clearly establishes that the court did not limit its holding so narrowly as to hold that only in the case of a breach of fiduciary duty is the probate attorney precluded from recovering

Corporation for General Trade v. Sears

780 N.E.2d 405 · Indiana Court of Appeals · Dec 26, 2002

Clearly this was not done in the instant case. … Johnson qualified as Special Judge in the case. 6 . Sears does not appeal the trial court's finding of a prescriptive easement in favor of CGT.

Scott v. Scott

668 N.E.2d 691 · Indiana Court of Appeals · Jun 25, 1996

Under the Social Security Act a person may qualify for such benefits if the individual has a "disability." … In addition, while the supreme court chose not to give extensive treatment to the issue of disability benefits, it nonetheless clearly established that this issue should be resolved on a case-by-case basis.

LeRon E. Easley-El v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 2, 2018

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Nov … [4] Easley-El’s crimes qualify him as a violent criminal. In seeking relief, he must therefore comply with the rules relating to sentence modification for violent criminals.

Meshberger v. Thomas

99 Ind. App. 519 · Indiana Court of Appeals · Jan 4, 1935

Through proper proceedings in the Adams circuit court, a liquidating agent was appointed upon petition of the stockholders of said bank, who qualified and proceeded to liquidate the same. … We think the evidence clearly establishes that there was a copartnership, and that these appellants entered into the same, and were owners as copartners of the bank, and were such owners at the time of the bringing of this

Romack v. Public Service Co. of Indiana

499 N.E.2d 768 · Indiana Court of Appeals · Nov 10, 1986

Retaliatory Discharge There is clearly established public policy supporting Romack's claim for retaliatory discharge. … He stated: [I] would extend the protection of the "public policy exception" to grant a right of action for damages to any employee at will whose wrongful and retaliatory discharge contravenes clearly established public policy