Case law

David S. Healey v. State of Indiana

Indiana Court of Appeals · Jun 11, 2012

In so doing, we assess the following factors, established by the United States Supreme Court in Kennedy v. … An allegation that a trial court abused its discretion by failing to identify or find a mitigating factor requires the defendant on appeal to establish that the mitigating evidence is significant and clearly supported by

Eric Dulworth v. Melissa Bermudez and Progressive Southeastern Insurance Company

97 N.E.3d 272 · Indiana Court of Appeals · Mar 15, 2018

Accordingly, the court held that the release clearly and unambiguously released the world. Id. … As we determined the Release between Dulworth and Cherneski to be unambiguous, we establish the intent of the Release from the four corners of the instrument and cannot consider extrinsic evidence.

Pink Allen Robinson v. State of Indiana

Indiana Court of Appeals · Aug 23, 2023

Judge Sutton further found that Forensic Specialist Chapman had “misled [Deputy Prosecutor] Becker into believing that he was qualified to conduct the type of latent print comparisons that [had] exist … or prejudice may be established if a judge’s order is sufficiently egregious.

Mock v. P.F. Goodrich Corporation

110 Ind. App. 685 · Indiana Court of Appeals · Jan 22, 1942

The appellant duly qualified as such receiver and has been acting as such since that time. … With reference to the last proposition, it seems entirely clear that the agreement, under which the two banks were unified into the Unified Bank, established clearly that the overplus in each of said banks was to be kept

State v. Weyer

831 N.E.2d 175 · Indiana Court of Appeals · Jul 20, 2005

The State only needs to establish prima facie error, which is error at first sight, on first appearance, or on the face of it. Id. … In this case, the ATV was clearly self-propelled, as it could travel at speeds of eighty miles-per-hour.

Rottger, Rec. v. First-Merchants Natl. Bank

98 Ind. App. 139 · Indiana Court of Appeals · Jan 31, 1933

The City Trust Company qualified as executor under the will, administered upon the estate, and was discharged as executor May 10, 1930. … On April 18, 1930, it qualified as trustee for the purpose of receiving the property and carrying out the duties imposed upon it as such trustee under the will.

City of Evansville v. Verplank Concrete & Supply, Inc.

74 Ind. Dec. 151 · Indiana Court of Appeals · Feb 19, 1980

On March 26, the Commission, established under and acting pursuant to authority granted by Ind.Code 18-6-4.5-1 et seq., passed a preliminary resolution concerning the proposed project. … Investors enjoy a reasonable return on their investment, the municipality gains a beneficial facility, and private enterprise is established and encouraged.

Shively v. Shively

680 N.E.2d 877 · Indiana Court of Appeals · Jun 9, 1997

Based on Brandon , Rickey contends that the pay records were inadmissible because Linda failed to establish that the printouts were accurate and the product of a standardized computer system. … Specifically, he argues that the law clerk was not qualified to prepare the summary of Rickey’s pay records because he did not possess expertise in accounting or interpreting retirement plans and did not have personal knowledge

Pitman v. Marquardt & Sons

20 Ind. App. 431 · Indiana Court of Appeals · Jun 16, 1898

The assignor resided in Montgomery county, Kentucky, where his principal business was located, the store at Seymour being a branch establishment in charge of a Mr. Kay. … Whenever the appointment was made the employment con *442 tinued after the assignee had qualified.

Melody Barrows v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 28, 2020

The party moving for summary judgment bears the initial burden to establish its entitlement to summary judgment. Id. at 396–97. … The individually named defendants claim to have public employee immunity under the Act.

Hampton v. Douglass

457 N.E.2d 618 · Indiana Court of Appeals · Dec 29, 1983

DECISION Hampton claims he was entitled to relief from the default judgment by reason of his physical inability to attend thereby qualifying for judicial succor under Ind. … However, the possibility clearly exists the issue may again arise. We thus refer Hampton to B.G.L. v.

Betty J. Rumell, as Personal Representative of the Estate of Margo Sue Rumell v. Osolo Emergency Medical Services, Inc., Todd Byrket, Julie Calloway, and Kim Bryan

Indiana Court of Appeals · Dec 13, 2017

status of the Defendants had yet to be conclusively established. … The Estate has not established that such an exemption is warranted.

Larkins v. State

622 N.E.2d 1299 · Indiana Court of Appeals · Oct 27, 1993

Larkins, however, was not a bondsman because he was not approved, appointed, qualified, and licensed as such. I.C. 27-10-1-4; I.C. 27-10-3-1. … Abuse of discretion occurs when the trial court’s judgment is clearly against the logic and effects of the facts and inferences which support the judgment for relief. Mickle v.

Christopher A. Toth v. Julia Lynne Noblitt (mem. dec.)

Indiana Court of Appeals · Oct 17, 2017

A decision is clearly erroneous if it is clearly against the logic and effect of the facts and circumstances before the trial court. Id. … and transportation while in school was clearly erroneous.

McCabe v. Grantham

108 Ind. App. 695 · Indiana Court of Appeals · Feb 14, 1941

Eq.: “ ‘Length of time is no bar to a trust clearly established, and express trusts are not within the statute of limitations, because possession of the trustee is presumed to be the possession of his cestui que trust.’ ” … There is no doubt in our minds that the finding of the court indicates an express trust was clearly created by and between said James F. Grantham and Charles M.

Christina Lyons v. Gene B. Glick Company, Inc. as Managing Agent for Woodbridge of Bloomington (mem. dec.)

Indiana Court of Appeals · Dec 19, 2018

Lyons, however, makes no cogent argument that she is a qualified individual with a handicap, and she presented no such evidence to the small claims court. … Under these circumstances, the small claims court’s judgment for Glick was not clearly erroneous.

Gary Community School Corporation v. Prince Lardydell b/n/f Erma Lardydell

8 N.E.3d 241 · Indiana Court of Appeals · Apr 30, 2014

Tanoos, 865 N.E.2d 593, 597 (Ind. 2007) (defendant raised qualified privilege after plaintiff sued for defamation). … In addition, the other 12 instructions clearly established that in order to prove negligence, the Lardydells were required to prove that GCS had a duty to Prince and did not

In the Matter of the Guardianship of SS

Indiana Court of Appeals · Dec 27, 2024

Discussion and Decision Background [10] Under federal law, a child may be eligible for lawful permanent residency in the United Sates if the child qualifies for classification as an SIJ. … Accordingly, we review a trial court’s findings for an abuse of discretion, which occurs when the decision is “clearly against the logic and effect of the facts and circumstances

Wachowski v. Beke

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

Rayl v. General Motors Corp.

121 Ind. App. 608 · Indiana Court of Appeals · Nov 5, 1951

Williston, upon whom the appellants strongly rely, limits or qualifies the above rule with these words: “In some cases, however, stress is laid on the fact that inspection would have revealed the defect. … We think the evidence shows without contradiction that the appellee inspected and accepted the merchandise in controversy but clearly these facts constitute no bar to the present suit unless the appellee failed to give the