Case law

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

Marriage of Nill v. Nill

584 N.E.2d 602 · Indiana Court of Appeals · Jan 21, 1992

The court clearly intended to equally divide the marital property in accordance with the statutory presumption; therefore, its failure to consider the value of personal property was clearly erroneous, and an abuse of discretion … The parties had maintained joint accounts established for the keeping and disbursement of their funds.

Jeremiah Walls v. State of Indiana

993 N.E.2d 262 · Indiana Court of Appeals · Aug 22, 2013

We will not find that the trial court abused its discretion unless its decision is clearly against the logic and effect of the facts and circumstances before it. Id. … CONCLUSION For the foregoing reasons, we conclude that: (1) the State provided sufficient evidence to establish that Walls committed criminal trespass; (2) the State provided sufficient evidence to establish that Walls intimidated

Jerry Conn v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 17, 2016

of an entity’s affairs and not for the purpose of establishing or proving some fact at trial—they are not testimonial.” … As such, the main purpose of the NPLEx records was not to establish or prove some fact at trial. Id.

Gregory Schweisthal v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 19, 2015

It is within the trial court’s sound discretion to decide whether a person is qualified as an expert witness. Id. … An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record

William A. Wiley v. State of Indiana

Indiana Court of Appeals · Jun 8, 2012

Ind.Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before Jun 08 2012, 8:31 am any court except for the purpose of establishing … its sentencing decision on other factors not gleaned from his immunized testimony.

ArcelorMittal USA, LLC Pension Plan v. Jackie L. Hickey (mem. dec.)

Indiana Court of Appeals · Jun 30, 2016

Lastly, the court ordered Husband’s counsel to file a qualified domestic relations order (“QDRO”) regarding the pension within sixty days. … Husband’s pension is clearly marital property subject to distribution in the dissolution action. See Ind.

Wishard Memorial Hospital v. Kerr

846 N.E.2d 1083 · Indiana Court of Appeals · May 10, 2006

This contract is not as detailed as the contract we considered in Jennings, which clearly stated that nurses assigned to work at St. … First, Wishard bore the burden of establishing that Kerr was its employee. See GKN, 744 N.E.2d at 404 .

Marchal v. Craig

681 N.E.2d 1160 · Indiana Court of Appeals · Jun 25, 1997

Ehrmann, Ph.D., as a person who has a bachelor’s degree from an accredited institution of higher learning, is qualified to serve as a mediator in a domestic relations ease. A.D.R. 2.5(C)(1). … A deduction is allowed for support actually paid, or funds actually expended, for children born prior to the children for whom support is being established.

Citizens Insurance Co. v. Ganschow

859 N.E.2d 786 · Indiana Court of Appeals · Jan 12, 2007

For purposes of the accident, Ganschow qualified as an insured under the Standard Mutual policy because of his passenger status in Messer's vehicle. … As indicated in the policy provisions we set out, American's policy clearly stated that it carried primary insurance for Belcher's auto when it was involved in the accident; Motorists's policy clearly stated that it carried

Royer v. State ex rel. Brown

63 Ind. App. 123 · Indiana Court of Appeals · Apr 5, 1916

Said Newman duly qualified as such drainage commissioner and gave notice that he would receive bids for the construction of said ditch on November 5, 1910, and thereafter entered into a contract therefor with Miles V. … The legislature clearly intended to prevent a person •who obtains a contract by fraud and collusion from deriving any benefit therefrom either directly or indirectly. 5.

Callander v. Sheridan

546 N.E.2d 850 · Indiana Court of Appeals · Nov 29, 1989

Special findings will be set aside only if they are clearly erroneous, that is, if the record contains no facts or inferences supporting them. Northwest Calf Farms, Inc. v. … Apparently Callander felt he was qualified to act as a general contractor. Since he undertook this responsibility he must also accept the attached liability of a builder-vendor to a subsequent buyer. II.

Gootee v. State

588 N.E.2d 584 · Indiana Court of Appeals · Mar 25, 1992

In doing so the trial court found the "parallels reflected within the two circumstances ... so strong and the method so clearly unique that the probability of the same perpetrator being involved in the two circumstances more … "The repeated commission of similar erimes is not enough to qualify for the exception['s] ..." use to establish identity. Id.

The City of Fort Wayne v. Consolidated Electrical Distributors, Inc d/b/a All-Phase Electric Supply Co.

998 N.E.2d 733 · Indiana Court of Appeals · Nov 20, 2013

But the tickets do not clearly establish when All- Phase last provided materials.4 And the evidence before the trial court was the City’s admission that All-Phase provided materials through February 7, 2011, as well as … The burden then shifts to the nonmoving party to establish that a genuine issue does in fact exist.

Jackie Butler v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 29, 2016

On appeal, the burden rests with Butler to establish that the mitigating evidence is 1 See Ind. … The trial court qualified this statement, noting its concerns that Butler would not follow through with services now given his failure to follow through with services in the past.

Bird v. County of Allen

639 N.E.2d 320 · Indiana Court of Appeals · Aug 25, 1994

DECISION AND JUDGMENT The petition for judicial review of the Allen County Sheriffs Merit Board decision fails to establish that the Merit Board decision was arbitrary or capricious and fails to establish that the Merit Board … Bird's actions clearly fall within the scope of departmental rules which proscribe conduct or participation in any incident which tends to bring the department into disgrace. *333 A defendant whose conduct clearly falls within

In re the Guardianship of: Helen Kinney Morris, Mary M. Kinney and Patrick Kinney v. Paul Kevin Kinney (mem. dec.)

Indiana Court of Appeals · Jul 6, 2017

On remand, the trial court entered a new order affirming its prior order establishing a guardianship. … I.C. 20-3-5-4 indicates that “the Court shall appoint as guardian a qualified person most suitable and willing to serve . . .” 5.

Flatrock River Lodge v. Morris Stout and Tonia Sue Stout

130 N.E.3d 96 · Indiana Court of Appeals · Jun 14, 2019

[13] Subsection 2(c)(5) of the exemption statute clearly and unambiguously applies only to a tenancy by the entireties. I.C. § 34-55-10-2(c)(5). … And an estate by the entireties is immune to seizure for the satisfaction of the individual debt of either spouse. Eilts v. Moore, 117 Ind. App. 27, 68 N.E.2d 795, 796 (1946).