Case law

Memorial Hospital v. Szuba

705 N.E.2d 519 · Indiana Court of Appeals · Feb 8, 1999

Rather, we held that “the legislature clearly intended to apply the definition to the entire Act, unless specifically provided otherwise.” Id. … The Board found that the applicant failed to establish that the injury arose out of or in the course of White’s employment. 11 .

Cox v. Paul

805 N.E.2d 901 · Indiana Court of Appeals · Apr 7, 2004

Our supreme court clearly determined that based on the undisputed facts of the case, Dr. Harris breached his duty to warn. Id. at 394. … Accordingly, we conclude that the undisputed material facts establish that Dr.

Wheatley v. American United Life Insurance Co.

792 N.E.2d 927 · Indiana Court of Appeals · Aug 6, 2003

Because we conclude that the trial court did not abuse its discretion and that its decision was not clearly erroneous, we affirm. … establish that additional evidence is necessary to conduct an adequate de novo review” of the benefit determination.

David McCollough v. Noblesville Schools and Jeff Bryant

63 N.E.3d 334 · Indiana Court of Appeals · Nov 2, 2016

[16] We agree with the Defendants that even accepting the facts as presented by McCollough, we cannot say that the Defendants’ conduct, even if intentional, qualifies as being so outrageous in character … that wife’s actions were deliberate and extreme and outrageous for purposes of establishing an IIED claim), trans. denied.

Loper v. STANDARD OIL COMPANY

138 Ind. App. 84 · Indiana Court of Appeals · Nov 29, 1965

On the contrary, the uniform trend of the decisions in Indiana clearly upholds the right of freedom of contract, guaranteed by both the Federal and State Constitutions . . . … Gargaro Co., Inc., supra, to be the established rule of law in Indiana.”

Hoy v. State

448 N.E.2d 31 · Indiana Court of Appeals · Apr 26, 1983

This statute clearly permits an amendment to correct the statute *34 cited in the information. … Clearly, the State presented sufficient evidence to withstand such a motion.

Nickey v. Dougan

34 Ind. App. 601 · Indiana Court of Appeals · Feb 17, 1905

Under the authorities cited, the first paragraph of the complaint is clearly sufficient. … by a preponderance of the evidence, their verdict should be for *611 the appellee, without even qualifying the statement that they should have regard for any defense which appellants might have established.

In re the Termination of the Parent-Child Relationship of J.C. and R.C. (Minor Children) and B.C. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc.

Indiana Court of Appeals · Sep 24, 2019

establishing Mother’s use of illicit drugs. … [40] These unchallenged findings of fact clearly show that Mother has failed to adequately address her substance abuse problems.

Cope v. LYNCH

132 Ind. App. 673 · Indiana Court of Appeals · Sep 21, 1961

He said he thought it was of no importance and did not realize it might have been a torn part of the original will until after he had qualified as Administrator of the Estate. … The other facts presented certainly do not conclusively and clearly establish that he affirmatively mutilated or destroyed the will and codicil.

Eldridge v. State

438 N.E.2d 1033 · Indiana Court of Appeals · Aug 19, 1982

Nesi-us and established that Mr. Nesius had known Eldridge and his family for several years. Mr. … The evidence of El-dridge’s guilt was clearly established beyond a reasonable doubt through the testimony of two of the other men who participated in the crimes with which he was charged and the investigating police officers

Robert L. Allen v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 28, 2018

He argued that the State had not presented any evidence that the baseball bat he had used qualified as a deadly weapon as required to convict him of the charge. … In the manner that Phillips used the bat, it was clearly “readily capable of causing serious bodily injury” as defined in INDIANA CODE § 35-31.5-2-292.

Matter of Guardianship of Posey

513 N.E.2d 674 · Indiana Court of Appeals · Oct 6, 1987

CODE 29-1-18-45 clearly permits reasonable compensation for attorney and guardian fees which are discretionary matters for the trial court. Briggs v. Clinton County Bank & Trust Co., (1983) Ind. … In a not very strict application of A.R. 8.3(A)(7), which requires cogent argument and citation to applicable authorities, we find that only three items appear to qualify as issues. These are: A.

Storer v. Carney

73 Ind. App. 415 · Indiana Court of Appeals · Jun 17, 1920

Carney qualified as executrix and as such was made a party defendant to said action. … The legislature by the passage of said section clearly intended to change the former rule so that an estate might have the benefit of assets omitted in the former administration, although there had been a previous final settlement

State ex rel. Willard Library v. Evansville-Vanderburgh Public Library

848 N.E.2d 1162 · Indiana Court of Appeals · Jun 16, 2006

Willard’s status as a private entity should not make it immune from the procedural and other property tax controls that constrain local governments. … This language clearly indicates that the political subdivision may fix a budget and tax levy that is less than the published amount.

In re the Termination of the Parent-Child Relationship of A.L., C.L., E.L., M.L., and J.P. (Minor Children) and N.L. (Mother) N.L. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Dec 31, 2018

[Mother] has clearly not improved her ability to provide necessary food, shelter, clothing, support or any sort of stability for [Children.] … As the State correctly points out, “Mother did not seek Menser to be qualified as an expert, nor did the court do so during trial.” Appellee’s Br. p. 33.

Christopher B. Elliott v. First String Products LLC, First String USA, and Firstring LLC (mem. dec.)

Indiana Court of Appeals · Sep 6, 2019

A trial court abuses its discretion when its decision “is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn … As a result, Elliott did not put forth any admissible expert witness evidence to establish a dispute of material fact as to causation.

David Pannell v. State of Indiana (mem. dec.)

36 N.E.3d 477 · Indiana Court of Appeals · May 28, 2015

We accept the post-conviction court’s findings of fact unless they are clearly erroneous, but we do not give deference to the court’s conclusions of law. Id. … , there is no indication in the record that the State qualified Officer Wefler as an expert.

Kevin Heckel v. Tammy Heckel (mem. dec.)

Indiana Court of Appeals · Aug 16, 2019

“A finding is clearly erroneous when there are no facts or inferences drawn therefrom that support it.” Id. A judgment is clearly erroneous if it relies on an incorrect legal standard. Buse v. … “In other words, ‘[a] decision is clearly erroneous if it is clearly against the logic and 2 Husband asserts that “[t]he trial court’s Findings specifically include each of these pre-marital assets

Lake County Trust Co., as Trustee for Lake County Trust 5434, James L. Gagan and Eugene H. Deutsch v. United Consumers Club, Inc. (mem. dec.)

Indiana Court of Appeals · May 26, 2015

Clearly, the premise of the trial court’s ruling is that the dismissal of the case in United I was something “other than a dismissal for lack of jurisdiction.” … State Bd. of Tax Comm’rs, the granting of United’s motion in the present case clearly acted as an adjudication on the merits against the Trust.

Mercho-Roushdi-Shoemaker-Dilley Thoraco-Vascular Corp. v. Blatchford

900 N.E.2d 786 · Indiana Court of Appeals · Feb 5, 2009

They were also elected and qualified to serve on MRSD's board of directors. The stock purchase agreement also contained a non-competition clause. … Long also stated that Blatchford is uniquely qualified to render the care he would need in such *798 an emergency. (Appellees App. pp. 227-83). e Dr.