Case law

Bajdek v. Board of Trustees of American Legion Pulaski Post No. 357 Trust

132 Ind. App. 116 · Indiana Court of Appeals · Mar 20, 1961

In my judgment the Post would be entirely within its rights in establishing a trust fund consisting of the assets referred to in the communication for the class of beneficiaries set out therein. … If income is employed solely to further a moral or ethical purpose, the enterprise qualifies for a non profit status. Howard L. deck, NonProfit Corporations and Associations (1956), p. 109.”

Artavius G. Richards v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 6, 2017

[7] In addressing this contention, we note that the admission and exclusion of evidence falls within the trial court’s sound discretion, and we will reverse only if the decision is clearly against the logic … [8] Indiana Rule of Evidence 801(d)(2)(E) provides that a statement that would otherwise qualify as hearsay is not hearsay if the statement is offered against an opposing party,3 3 It is not

Spaulding v. Harris

914 N.E.2d 820 · Indiana Court of Appeals · Oct 8, 2009

An abuse of dis-eretion occurs if the trial court's decision is clearly against the logic and effect of the facts and circumstances before the court. Walker v. Nelson, 911 N.E.2d 124, 180 (Ind.Ct.App.2009). … The proponent of expert testimony bears the burden of establishing the foundation and reliability of the scientific principles and tests upon which the expert's testimony is based. Id. at 101-02 .

Lay v. State

12 Ind. App. 362 · Indiana Court of Appeals · Feb 5, 1895

But in the case at bar the proof clearly showed that for a number of years this ground had been set apart, though not in the statutory mode, and used as a public cemetery. … Dedication of a cemetery, like dedication of a public street or highway, may be established by user. Redwood Cemetery Association v. Bandy, 93 Ind. 246 .

In Re the Paternity of C.A. G.C. (Mother) v. T.A. (Father) (mem. dec.)

Indiana Court of Appeals · Feb 10, 2016

She is qualified to seek licensure here. Mother testified licensure could be completed in 3 months. … Mother’s relocation decision clearly was not made recently.

Ramsey v. State

853 N.E.2d 491 · Indiana Court of Appeals · Sep 1, 2006

Thus, the evidence is sufficient to establish that Ramsey has accumulated two prior, unrelated felonies that qualify him as a habitual offender. II. … An abuse of discretion occurs when a decision is clearly against the logic and effect of the facts and circumstances before the trial court. Id.

Mathis v. State

859 N.E.2d 1275 · Indiana Court of Appeals · Jan 18, 2007

Admission of Evidence Mathis first argues that the trial court erred by admitting Officer Kunz's testimony regarding what Cook told him because Cook's statements to the officer were inadmissible hearsay and did not qualify … An abuse of discretion occurs "where the decision is clearly against the logic and effect of the facts and cireumstances." Smith v. State, 754 N.E.2d 502, 504 (Ind.2001).

Abner v. Department of Health Ex Rel. Indiana Soldiers' & Sailors' Children's Home

777 N.E.2d 778 · Indiana Court of Appeals · Nov 4, 2002

In the trial court’s order, it concluded that Employees “clearly seek relief from an unsatisfactory condition of employment, specifically the State’s policy of not paying them for time spent sleeping.” … However to qualify for exemption from the exhaustion requirement, Employees’ administrative remedy must be inadequate or futile, which it is not.

Christopher Alexander d/b/a Crystal Tiger Holdings, LLC v. Djuric Trucking, Inc. and William H. Walden, as Special Representative of the Estate of Mark Phillip Sikorski (mem. dec.)

Indiana Court of Appeals · Sep 20, 2019

Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Sep 20 2019, 8:56 am court except for the purpose of establishing … We will reverse only when the decision is clearly against the logic and effect of the facts and circumstances. Id.

South Newton School Corp. Board of School Trustees v. South Newton Classroom Teachers Ass'n

762 N.E.2d 115 · Indiana Court of Appeals · Oct 4, 2001

grant relief from an administrative determination if the determination is: arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; contrary to a constitutional right, power, privilege, or immunity … This court endeavors to give statutory words their plain and ordinary meaning absent a clearly manifested purpose to do otherwise. Peele v. Gillespie, 658 N.E.2d 954, 958 (Ind.Ct.App.1995), trans. denied (1996).

Murray v. W. W. Kimball Co.

10 Ind. App. 184 · Indiana Court of Appeals · May 29, 1894

It is earnestly insisted by appellants’ counsel, that the averments of this answer clearly show that there never was any delivery of the instruments declared upon; that the said instruments were delivered to ITendee to hold … The rule is also well established that where the delivery was to the grantee or payee of the instrument, it can not be regarded as an escrow, where the condition relied xrpon does not appear on the face of such instru *188

CHINS: K W v. Indiana Department of Child Services

Indiana Court of Appeals · Feb 11, 2026

The court overruled Mother’s objection, finding that Nurse Practitioner Beatty qualified as an expert and therefore could base her opinions on the imaging. … A trial court abuses its discretion only if its decision is clearly against the logic and effect of the facts and circumstances before it. Id.

Jacqueline K. Durham v. Brandon D. Scott, Adam J. Scott, Raymond E. Decker, and Dianne J. Decker (mem. dec.)

Indiana Court of Appeals · Nov 15, 2016

“A judgment on the pleadings is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way … As we already noted, a judgment on the pleadings is proper only if the pleadings alone “clearly establish that the non-moving party cannot in any way succeed under the facts and allegations therein.”

State v. Williams

156 Ind. App. 625 · Indiana Court of Appeals · Jun 29, 1973

involves receipts and profits, that is another thing, but I think that for him to just generally say that he is familiar with what goes on into the area before he is permitted to testify about that then he must be more qualified … There are, however, well-established exceptions to the general rule.

Pamela Anne Langguth v. Michael Langguth (mem. dec.)

Indiana Court of Appeals · Aug 31, 2020

Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 31 2020, 8:58 am court except for the purpose of establishing … original). 2 The term “court order acceptable for processing,” used by the United States Office of Personnel Management, is essentially synonymous with what is more commonly referred to in Indiana as a qualified

Eunice McKibben v. Jeff Hughes, b/n/f Joyce Hughes

23 N.E.3d 819 · Indiana Court of Appeals · Dec 19, 2014

In March or April of 2010, McKibben helped Hughes qualify for Social Security benefits. … It denied Hughes’ request to rescind the deed for the Property, finding that Hughes had failed to establish that McKibben owed him a fiduciary duty and, as a result, had acted fraudulently.

Beene v. Review Board of the Indiana Department of Employment & Training Services

528 N.E.2d 842 · Indiana Court of Appeals · Sep 28, 1988

The program clearly delineated which absences would be exempt, counted, or unexcused and gave the employee three warnings before discharge would occur. … Thus, the Employer established a prima facie case of discharge for the violation of a reasonable and uniformly enforced rule, which was not sufficiently rebutted by Beene.

Justin S. Johnson v. State of Indiana

62 N.E.3d 1224 · Indiana Court of Appeals · Oct 31, 2016

At the modification hearing, the case manager testified that Johnson originally moved to the work release center until he qualified for support through the Bloomfield Housing Authority and that he “seemed … We also believe that well- documented mental limitations or illness as presented in this case, and which are clearly shown in the record, are relevant and deserve careful consideration as a mitigator

RDI/Caesars Riverboat Casino, Inc. v. Conder

896 N.E.2d 1172 · Indiana Court of Appeals · Nov 25, 2008

First, the employee must establish that she has a substantial employment-related connection to a “vessel in navigation[J” Id. … Second, the employee must establish that her duties contributed to the *1175 function of the vessel or the accomplishment of its mission. Id.

Rogers v. Municipal City of Elkhart

655 N.E.2d 593 · Indiana Court of Appeals · Sep 26, 1995

Further, this definition would, contrary to the intent of subsection (b), allow annexation of land which is clearly not urban. … On the contrary, to qualify as subdivided, a parcel must meet the requirements of I.C. 36-7-4-700 et. seq.; that is, the parcel must be actually recorded pursuant to a local subdivision control ordinance.