Case law

Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC

119 N.E.3d 603 · Indiana Court of Appeals · Feb 8, 2019

The first step in statutory interpretation is determining if the legislature has spoken clearly and unambiguously on the point in question. … These facts clearly establish that the project was both approved by and financed through the city.9 [43] Finally, Section 33.02 required that the construction project was approved or financed by the city

Schueneman v. Schueneman

591 N.E.2d 603 · Indiana Court of Appeals · May 14, 1992

There is no indication that Richard's calculations were intended to arrive at a present value of the plan, and, of course, there was no attempt to *609 qualify Richard as an expert. … Indiana Code 81-l1-11.5-12(d), quoted above, clearly states that child support obligations cease when the child reaches twenty-one. Ross v. Ross (1979), Ind.App., 397 N.E.2d 1066 .

In Re Marriage of JS and JD

941 N.E.2d 1107 · Indiana Court of Appeals · Feb 7, 2011

On August 10, 2009, J.D. filed a petition to establish visitation with A.H. … Yet the plain language of section 31-19-16-2 clearly applied. When interpreting a statute, the first step is to determine whether the legislature has spoken clearly and unambiguously on the point in question. City of N.

Kissel v. Rosenbaum

579 N.E.2d 1322 · Indiana Court of Appeals · Oct 21, 1991

We will not set aside the fact-finding of the trial court unless it is clearly erroneous. … These findings are not clearly erroneous but are supported by substantial evidence.

In Re the Marriage of Baker

550 N.E.2d 82 · Indiana Court of Appeals · Feb 12, 1990

The amendment therefore continues to establish the procedure for demonstrating entitlement. … Although the previous order allocating the tax exemption was proper as a qualified pre-1985 instrument under § 152(e), when the trial court modified that order in 1989, there no longer was a qualified pre-1985 instrument.

Miller v. State

825 N.E.2d 884 · Indiana Court of Appeals · Apr 20, 2005

Each of these professionals was well qualified by both education and experience. Five of these professionals possessed a Ph.D. and the sixth was a medical doctor specializing in psychiatry. … Clearly, the trial court's finding was limited in its context.

Elliott v. State

450 N.E.2d 1058 · Indiana Court of Appeals · Jul 7, 1983

Thus, the information herein charged a lesser included offense as defined in Ind.Code 85-41-1-2 ("established by proof of the same material elements or less than all the material elements required to establish the commission … The independent evidence in this case established that Sheryl died as the result of a bullet wound in the neck.

Board of Commissioners v. Blair

8 Ind. App. 574 · Indiana Court of Appeals · Jan 9, 1894

It is true that if the court, in its instructions, attempts to designate what facts are necessary to be established to entitle a party to recover, all of the necessary facts must be stated. … If evidence offered is competent for the purpose of establishing any fact pertinent to and within the issues, it is not error to admit it.

Zavala v. State

739 N.E.2d 135 · Indiana Court of Appeals · Oct 31, 2000

As the police arrested Za-vala, they discovered evidence that established Zavala as a Mexican national. … Moreover, the preamble to the Vienna Convention on Consular Relations states: “that the purpose of [consular] privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by

Hopster v. Burgeson

750 N.E.2d 841 · Indiana Court of Appeals · Jun 21, 2001

However, when the movant asserts the statute of limitations as an affirmative defense and establishes that the action was filed after the statutory deadline, the burden shifts to the nonmoving party to establish an issue … Donald contends that in this situation, the medical malpractice statute of limitations violates the Privileges and Immunities Clause found in the Indiana Constitution.

Gary Municipal Airport Authority District v. Peters

550 N.E.2d 828 · Indiana Court of Appeals · Mar 5, 1990

With regard to this, the federal courts have held that this burden is clearly met when the effect of denying a motion to withdraw and amend would "practically eliminate any presentation of the merits." Westmoreland v. … Ultimately, we conclude that justice requires a trial court to allow withdrawal and amendment of admissions where the admissions involve core controverted issues and the opposing party fails to establish that he would be

Ault v. Clark

62 Ind. App. 55 · Indiana Court of Appeals · May 17, 1916

insufficient to establish one or more facts essential to plaintiff’s cause of action.” … Immunity from collateral attack of an order of a probate court for the sale of a decedent’s real estate, 3 Ann. Cas. 234.

In the Matter of Tiffany R. Laux: John R. Laux v. Deborah S. Mock (Wilson) (mem. dec.)

Indiana Court of Appeals · Mar 14, 2017

“Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind. 1996). … Tiffany had tried to obtain Hoosier Healthwise but, contrary to Father’s assertion that she qualifies for it, the program administrators “kept telling [her] that [she] didn’t fit into it[.]” (Tr.

Cochran v. Wimmer

118 Ind. App. 684 · Indiana Court of Appeals · Oct 29, 1948

We are of the opinion, however, that under the evidence the question was clearly one of fact for the jury to determine. … instruction at the trial it is here urged that said instruction is mandatory in form, and charges the jury that under the statute quoted the appellant must yield the right of way to the other vehicle without in any manner qualifying

Thad Dale Stewart, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 10, 2016

Appellate Rule 65(D), Mar 10 2016, 8:55 am this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata … Udani was qualified as an expert witness.

Tiffany Abbott, Cathie Barnes, and Chandra Gray v. Individual Support Home Health Agency, Inc.

Indiana Court of Appeals · May 13, 2020

Home Health attempts to analogize the statements made by the Appellants in this case to communications made to law enforcement reporting criminal activity, which are afforded only qualified privilege … The defendants argued that they had a legal obligation to report the injury to the Department of Health and that their statements were immune under the absolute privilege for statements made in quasi-judicial

Connelly v. Calender

96 Ind. App. 432 · Indiana Court of Appeals · Apr 26, 1933

Calender was duly appointed receiver of said The Gas City State Bank, by this court, on September 15, 1930, and duly qualified as such receiver and is now the receiver of said bank. … Connelly, for the amount of said certificate of deposit. (.2) “It clearly appears upon the face of said complaint that the said certificate of deposit was issued to the said Harry L.

Wienke v. Lynch

77 Ind. Dec. 179 · Indiana Court of Appeals · Jul 16, 1980

Constructive notice is a legal inference from established facts. … As Lynches’ mortgagee, Kissell’s interest is dependent upon Lynches’ establishment of title in the mortgaged real estate.

St. Mary's Ohio Valley Heart Care, LLC v. Derek F. Smith

112 N.E.3d 1144 · Indiana Court of Appeals · Oct 9, 2018

Yang qualifying his diagnosis, but she testified during her deposition that pathologists often relay diagnoses in terms of “suspicious or suggestive” of cancer. Id. at 198. Regardless of whether Dr. … Yang’s performance.4 Indeed, the designated evidence establishes that Dr. Butler intended to proceed with the lobectomy unless the intraoperative diagnosis was “clearly not cancerous”.

Kho v. Pennington

846 N.E.2d 1036 · Indiana Court of Appeals · May 5, 2006

We will reverse such an exercise of discretion only when the decision is clearly against the logic and effect of the facts and cireumstances. Id. Dr. … We noted a qualified attorney's legal opinion as to an ultimate fact in issue is admissible unless it addresses matters within the common knowledge and experience of ordinary persons. Id.