Case law

Gary v. State

74 Ind. Dec. 209 · Indiana Court of Appeals · Feb 20, 1980

He contends that Officer Burgess was not properly qualified as an expert and, as such, could not testify to this procedure. We disagree. … An, expert may be qualified by evidence of formal training or practical experience. Culley v. State (1979), Ind.App., 385 N.E.2d 486 .

City of Fort Wayne v. Pierce Manufacturing, Inc.

853 N.E.2d 508 · Indiana Court of Appeals · Sep 5, 2006

The exception, with respect to either public or private contracts, is if the losing bidder can establish fraud, collusion, "or other illegal procedures” in the award of the contract. Id. … Scott County, 526 N.E.2d 1193 (Ind.Ct.App.1988): We start from the premise that there can be no protected property interest in adherence to established procedure....

Bergner v. State

73 Ind. Dec. 1 · Indiana Court of Appeals · Dec 12, 1979

Barry Mones was qualified as an expert photograph examiner for the F.B.I. His analysis of the photographs revealed they were “authentic and . . not composites or altered.” … There were three main grounds used by the State to establish the foundation. They clearly demonstrate a sufficient degree of authenticity for the admission of the photographs.

Clemans v. Wishard Memorial Hospital

727 N.E.2d 1084 · Indiana Court of Appeals · Apr 25, 2000

In essence, it asks us to create a zone of temporal and spatial immunity while Clemans crossed from one portion of Wishard’s premises to the other. … Youngstown Sheet & Tube Co., 474 N.E.2d 1013 (Ind.1985), which we find to be clearly distinguishable from the instant case.

State v. Price

724 N.E.2d 670 · Indiana Court of Appeals · Feb 29, 2000

The State bears the burden of establishing, in the totality of the circumstances, that an intrusion was reasonable. Baldwin, 715 N.E.2d at 337 . … This provision, denominated in our constitution as the “equal privileges clause,” provides that “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same

Ford Motor Co. v. Ammerman

705 N.E.2d 539 · Indiana Court of Appeals · Feb 12, 1999

An abuse of discretion occurs when the trial court’s judgment is clearly against the logic and effect of the facts and inferences supporting the judgment for relief. Id. … Clearly, the jury gave more weight to the Ammermans’ evidence.

Citizens' State Bank v. Fountain Trust Co.

95 Ind. App. 2 · Indiana Court of Appeals · Jan 13, 1932

Adkins died and The Fountain Trust Company of Covington, Indiana, duly qualified as executor of his last will. … The case *7 before us clearly shows that Leslie W. Adkins was not only a party to the record but also a party to the issue. The case was set for trial on November 7th. All the parties were before the court on that day.

Miller v. Swhier

40 Ind. App. 465 · Indiana Court of Appeals · Jan 30, 1907

But liberal construction does not mean a construction which will enlarge express statutory provisions so as to include a right not clearly given and inconsistent with other well-established and fundamental principles of law … But, when the right to an exemption is clearly established, it will be enforced notwithstanding formal or technical objections. 3. Haas v. Shaw (1883), 91 Ind. 384, 394 .

Francisco Perez, Jr., Individually, and by Laura Aguirre his natural guardian and next friend, and Laura Aguirre, Individually v. Michael Hu, M.D. St. Catherine Hospital of East Chicago Indiana, Inc.

87 N.E.3d 1130 · Indiana Court of Appeals · Nov 17, 2017

This notation alone does not establish that Dr. … Aguirre’s lack of informed consent claim clearly is of the second type.

State v. Cleland

471 N.E.2d 722 · Indiana Court of Appeals · Dec 6, 1984

Cleland presented no competent evidence to establish his claims. … Moreover, when two or more words are grouped together, general words will be limited and qualified by special words. Lincoln National Bank v.

Stauffer v. Martin

43 Ind. App. 675 · Indiana Court of Appeals · May 21, 1909

Witness would have been competent to testify to the fact that the entries and statements in the book were in her father’s handwriting, if she was otherwise qualified so to speak; but she was not competent to testify that … information about which she proposed to testify is not shown by the record; and since it is a rule, made so by statute, that she was incompetent and her ability to testify on some matters being an exception, the record should clearly

GARY TEACH. U., LOC. NO. 4, AFT v. School

332 N.E.2d 256 · Indiana Court of Appeals · Aug 12, 1975

The grievance procedure clearly preserves the teacher's right to proceed through the Stage 4 meeting with the school board. … Since the legislative policy underlying the Tenure Act is not offended by Article X of the collective bargaining agreement, the General School Powers Act clearly authorizes the School City to contractually establish minimum

In Re the Adoption of E.A., M.A. v. D.B.

43 N.E.3d 592 · Indiana Court of Appeals · Sep 2, 2015

Finally, the evidence clearly and convincingly establishes that [Appellant] was at the time of the filing of the petition and at the time of the hearing unfit to be a parent and it is in the best interests … App. 1986), this court addressed the level of communication necessary to qualify as significant for the purposes of Ind.

Lewis v. State

535 N.E.2d 556 · Indiana Court of Appeals · Mar 20, 1989

The State's evidence fails to establish that ultimate fact because it is an inference deducible only from another inference. … When two or more words are grouped together, the general words will be qualified and limited by the special words. Lincoln National Bank v. Review Board of Indiana (1983), Ind.App., 446 N.E.2d 1337, 1339 .

Daurer v. Mallon

597 N.E.2d 334 · Indiana Court of Appeals · Aug 10, 1992

The court clearly adjudicated the dismissal of Keller from the case, and as the dismissal leaves nothing for the court to resolve with respect to Keller, the court's judgment was a final one. See Hudgins v. … Contrary to Daurer's claim, the affiants had personal knowledge of the fee matters to which they attested in their affidavits, and they were qualified to testify as to those *337 matters. See Lee v.

Tom Seeber v. General Fire and Casualty Company, Indiana Insurance Company, and Peerless Indemnity Insurance Company

19 N.E.3d 402 · Indiana Court of Appeals · Oct 29, 2014

If an old building burns to the ground, the actual value is commonly established by reference to its fair market value less the value of the land on which the building sits. … This language is not ambiguous as it clearly states that, with respect to a claim for replacement cost coverage, the Insurance Companies will pay the least of the cost to replace the property with other property of comparable

Baker v. American Metal Climax, Inc.

168 Ind. App. 445 · Indiana Court of Appeals · Mar 16, 1976

To be authorized to do this, AMAX must, in the context of IC 1971, 8-4-10-8, supra, establish first that it qualifies under the criteria of IC 1971, 8-4-10-1, supra, to construct a lateral railroad at all. … As previously noted, the evidence presented before the Vigo Circuit Court in the proceedings below clearly established all these criteria.

M. v. B.C.

920 N.E.2d 726 · Indiana Court of Appeals · Jan 29, 2010

On November 8, 2004, the trial court established Father's paternity, granted him visitation, and ordered him to pay child support. … A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Id.

Rumple v. Bloomington Hospital

422 N.E.2d 1309 · Indiana Court of Appeals · Jul 13, 1981

Hammer’s services is clearly erroneous. … Rumple has made no showing that this finding was clearly erroneous.

Office of Utility Consumer Counselor v. Citizens Telephone Corp.

681 N.E.2d 252 · Indiana Court of Appeals · Jun 30, 1997

The IURC’s order after the July conference set filing deadlines and established a test year “to be used in determining [Citizens’] actual pro forma operating revenues, expenses, and operating income under the present and … The standard authorizes this Court to set aside the IURC’s findings of fact only when review of the record, as a whole, clearly indicates the agency’s decision does not rest on a reasonably sound base of evidentiary support