Case law

Scott Shields v. Town of Perrysville

Indiana Court of Appeals · Dec 9, 2019

Here, the fact-finder was free to accept Bowman’s opinion and reject the surveyor’s as being so qualified as to be unreliable. … Thus, the court did not clearly err in rejecting a claim of abandonment. 2 [18] The judgment is not clearly erroneous. [19] Affirmed.

David Shane v. State of Indiana

Indiana Court of Appeals · Sep 27, 2012

Moreover, Shane’s own statements to police clearly demonstrated that the men agreed to be alibis for each other. … If this analysis establishes deficient performance on counsel’s part, we then analyze whether the issue or issues that counsel failed to raise clearly would have been more likely to result in reversal or a new trial than

Family & Social Services Administration v. Calvert

672 N.E.2d 488 · Indiana Court of Appeals · Nov 20, 1996

DDARS must contract for the adult protective services required in each county with the prosecuting attorney, with a governmental entity qualified to provide the services required, or with a combination of the two. … seeking relief has been prejudiced by an agency action that is (1) arbitrary, capricious, an abuse of discre *493 tion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

Andy Mohr West, Inc. v. Office of the Indiana Secretary of State

41 N.E.3d 704 · Indiana Court of Appeals · Aug 13, 2015

Thus, Section 9-32-13-24(e) clearly contemplates the relocation of a “proposed [NMV] dealer.” … ’s intent to “establish or relocate the proposed [NMV] dealer.”

Annexation Ordinance F-2008-15 v. City of Evansville

955 N.E.2d 769 · Indiana Court of Appeals · Oct 6, 2011

We do not set aside findings and judgments unless they are clearly erroneous. Id. We review questions of law de novo. Id. … These procedures require publication in a newspaper or qualified publication that is published in the municipality as well as publication on the newspaper or qualified publication’s website.

Fulford v. Smith Cabinet Mfg. Co.

118 Ind. App. 326 · Indiana Court of Appeals · Mar 10, 1948

This is clearly a case of a complaint by an employer for injunctive relief against *334 a large number of his employees as individuals. … This Act is firmly established as a legislative policy of this State, and under the provisions of the Indiana law great progress has been made in labor management relations in this State.

Childress Cattle, LLC v. The Estate of Roger F. Cain, Christie Cain, Personal Representative

Indiana Court of Appeals · Dec 13, 2017

[17] The Dead Man’s Statute provides that it “does not apply to a custodian or other qualified witness to the extent the witness seeks to introduce evidence that is Court of Appeals of Indiana | Opinion … [to Childress Cattle] match precisely to particular invoices, while other payments made by the Estate are clearly partial payments toward the total account balance with Childress [Cattle].”

Gerald A. Sanders v. AHEPA 78 VI Apartments, Inc.

Indiana Court of Appeals · Jun 14, 2024

[20] Here, Sanders established that he suffers from an incontinence problem. … The court found that Sanders was clearly in violation of the lease and ordered his eviction. This finding is amply supported by the record.

Tajuddin v. Sandhu Petroleum Corp. Number 3

921 N.E.2d 891 · Indiana Court of Appeals · Feb 26, 2010

We will reverse the trial court's findings only if they are clearly erroneous. Id. "Findings are clearly erroneous when a review of the record leaves us firmly convinced that a mistake has been made." Id. … Testimony from employees of the Lake County Auditor and Lake County Assessor established that this property ID number was a number used by SRI, which administers tax sales for the county.

Matter of ANJ

690 N.E.2d 716 · Indiana Court of Appeals · Jan 21, 1998

These allegations must be established by clear and convincing evidence. Ind.Code 31-6-7-13(a). … Clearly, the children were removed from Harold for at least six months under a dispositional decree.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.G. (Minor Child): A.M. (Father) v. Indiana Department of Child Services

Indiana Court of Appeals · Oct 27, 2015

The judgment will be set aside only if it is clearly erroneous. Id. … The judgment is not clearly erroneous. III.

Tammy J. Page v. Darren Page (mem. dec.)

Indiana Court of Appeals · Sep 29, 2020

Both parents clearly love the [C]hild. 6. [Wife] is seeking primary physical custody of the [C]hild. [Husband] is seeking equal parenting time. 7. … Additionally, there is a well-established preference in Indiana “for granting latitude and deference to our trial judges in family law matters.”

Bartruff v. State

706 N.E.2d 225 · Indiana Court of Appeals · Feb 24, 1999

The record establishes that Bartruffs vehicle was located on public property in such a manner as to constitute a traffic hazard and was essentially abandoned due to the absence of any qualified driver to operate the vehicle … But when none of those things occur and the officer then decides that an inventory search is necessary to enable him to determine the contents of the vehicle, pretext has been clearly signaled.

Rene Ex Rel. Rene v. Reed

751 N.E.2d 736 · Indiana Court of Appeals · Jun 20, 2001

Meghan Rene and certain other students with disabilities ("the Students") who were or are required to pass the Indiana graduation qualifying examination ("the GQE") 1 brought a class action *738 against Dr. … We may not reverse the trial court's findings unless they are clearly erroneous. Id. The general judgment will be affirmed if it can be sustained upon any legal theory by the evidence introduced at trial, Id.

Horlander v. Horlander

579 N.E.2d 91 · Indiana Court of Appeals · Sep 30, 1991

Clearly, the Indiana court has jurisdiction over the actual dissolution of the Horlanders' marriage. … It has already been established that Indiana and not France is the children's "home state" within the meaning of 1.C. § 81-1-11.6-2(5).

Comer v. State

839 N.E.2d 721 · Indiana Court of Appeals · Dec 19, 2005

Comer has failed to establish that the mitigating evidence is both significant and clearly supported by the record. … Comer has failed to establish that the mitigating evidence is both significant and clearly supported by the record.

Franklin Electric Co. v. Lutheran Hospital of Indiana

926 N.E.2d 1036 · Indiana Court of Appeals · Mar 31, 2010

Even if the Wells Cireuit Court orders were appropriate vehicles for establishing primary coverage (i.e. … If those were the only two choices, there would be a better argument that Lori and Robert should be considered "separated," since clearly they have never been married to each other.

Johnson v. Rush County Division of Family & Children

690 N.E.2d 716 · Indiana Court of Appeals · Dec 22, 1997

These allegations must be established by clear and convincing evidence. Ind.Code 31-6-7-13(a). … Clearly, the children were removed from Harold for at least six months under a dispositional decree.

In Re Estate of Grimm

705 N.E.2d 483 · Indiana Court of Appeals · Jan 20, 1999

As noted above, Kruse never filed a written instrument with the trial court “renouncing all claims for the compensation provided by the will before qualifying as personal representative” pursuant to IND. … Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them.” Id.

Mid-Continent Paper Converters, Inc. v. Brady, Ware & Schoenfeld, Inc.

715 N.E.2d 906 · Indiana Court of Appeals · Aug 26, 1999

Indiana Agency Laxo It is well established that the actions of employees and agents of a corporation are attributable to the corporation, when the actions are done within the scope of employment. Bud Wolf Chevrolet v. … Although Mid-Continent suggests that it would have been able to find qualified financing from other resources absent Gleeson’s fraud, and that Gleeson’s fraud did not produce benefits but caused underpricing and resulted