Case law

Murphy Breeding Laboratory, Inc. v. West Central Conservancy District

828 N.E.2d 923 · Indiana Court of Appeals · Jun 8, 2005

Here, in support of its motion, WCCD clearly submitted matters and evidence outside the pleadings. … WCCD asserts that Charles Murphy's testimony establishes that damages to Tract 5 were part of the Condemnation Action.

Tobin v. Ruman

819 N.E.2d 78 · Indiana Court of Appeals · Dec 9, 2004

("[alt best, such evidence establishes that Miller wrongfully terminated the contract"). … The agreement clearly and unambiguously requires that upon a request from Tobin, who was an associate, Ruman was required to buy back Tobin's share of stock plus interest. Tobin paid $15,000 for his share of stock.

Lazarus Department Store v. Sutherlin

544 N.E.2d 513 · Indiana Court of Appeals · Oct 4, 1989

Onee more, the qualifying phrase "probably" was improperly inserted before the two operative elements necessary to establish probable cause. … Thus, the use of a qualifying term in both Instructions No. 3 and 4 was a misstatement of the law or at the very least, would tend to mislead and confuse the jury.

Andre Taylor, a/k/a Robert Davidson v. State of Indiana

101 N.E.3d 865 · Indiana Court of Appeals · May 4, 2018

“A trial court abuses its discretion when its ruling is either clearly against the logic and effect of the facts and circumstances before the court, or when the court misinterprets the law.” Id. … That rule provides: (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if

Farris v. State

732 N.E.2d 230 · Indiana Court of Appeals · Jul 20, 2000

Furthermore, the evidence was clearly exculpatory as Woods indicated on the errata sheet that Farris was not involved in the crime. … However, the statement does not qualify as a prior consistent statement as it was not made before a motive to fabricate arose.

Indiana Michigan Power Co. v. Runge

717 N.E.2d 216 · Indiana Court of Appeals · Oct 6, 1999

McLeod are not being used to establish causation, but to establish the reasonableness and extent of the fear and emotional distress suffered by the Runges in being exposed to the excessive electric and magnetic fields on … Regardless of whether Smith is sufficiently qualified to offer expert opinions under Evid.

Gaddie v. Manlief

864 N.E.2d 442 · Indiana Court of Appeals · Apr 20, 2007

We will conclude that a trial court abused its discretion when its decision is clearly erroneous, or against the logic and effect of the facts and circumstances before the court. Id. … Also, evidence is not cumulative when the other evidence tending to prove the same facts is clearly not persuasive and therefore requires further support.

Jacob Weinberg News Agency, Inc. v. City of Marion

163 Ind. App. 181 · Indiana Court of Appeals · Feb 10, 1975

This attribute of his merchandise entitles his business to the qualified protection of the First Amendment through the Fourteenth Amendment, Constitution of the United States. Bantam Books, Inc. v. … Affirmative relief shall be allowed under such remedy when the right thereto is established.

State v. Foy

862 N.E.2d 1219 · Indiana Court of Appeals · Mar 19, 2007

Hornick, 540 N.E.2d 1256 (suppression of evidence clearly erroneous because officers’ observations established probable cause). … State, 490 N.E.2d 1097 (Ind.1986) (witness qualified as trace evidence expert for purpose of comparing enlarged photo of defendant’s shoe with wound on victim’s head); Forrester v.

Laney v. State

868 N.E.2d 561 · Indiana Court of Appeals · Jun 22, 2007

Laney contends it is unclear what the State meant when it alleged that she “presented” K.F. to Plummer, as that word has no established legal meaning. … , for purposes of the limitation on consecutive sentencing for a single episode of criminal conduct found in Indiana Code Section 35-50-2-1, the defendant’s convictions for murder and aggravated battery as an accomplice qualified

Sons v. City of Crown Point

691 N.E.2d 1237 · Indiana Court of Appeals · Feb 13, 1998

The court has considerable latitude in devising procedures to ferret out the facts pertinent to jurisdiction, and it is well established that in doing so it may consider not only the complaint and motion but any affidavits … Langbehn is clearly distinguishable and does not support the remonstrators’ argument. First, unlike the property owners in Langbehn , the remonstrators in the present ease did not file an action for declaratory relief.

Jolena K. Plaut, Known Heir and Personal Representative of the Estate of Beulah Jane Enderle, a/k/a Beulah Jane Hunt v. Wells Fargo Bank, N.A. (mem. dec.)

Indiana Court of Appeals · Jun 15, 2016

genuine issue of material fact that Wells Fargo was the holder of the Note entitled to enforce the loan documents. 13 Notwithstanding Plaut’s suggestions to the contrary, the Mortgage and Note were clearly … Once the mortgagee establishes its prima facie case, the burden shifts to the mortgagor to show that the note has been paid in full or to establish any other defenses to the foreclosure. Id.

Wallace v. Indiana Insurance

428 N.E.2d 1361 · Indiana Court of Appeals · Dec 15, 1981

The burden is on the movant for summary judgment to establish that no material facts are in genuine issue. … Clearly, Insurer did not waive its policy limitations regarding proof of loss and the time for bringing suits, and thus we hold. Issue III.

Indiana Patient's Compensation Fund v. Butcher

863 N.E.2d 11 · Indiana Court of Appeals · Mar 16, 2007

Consequently, the Fund must merely establish that the trial court committed prima facie error in order for us to reverse. Id. … In addition to establishing that the healthcare provider breached a duty, a plaintiff must also prove that the provider’s breach proximately caused a compensable injury. Hassan v.

Indiana State Board of Public Welfare v. Tioga Pines Living Center, Inc.

637 N.E.2d 1306 · Indiana Court of Appeals · Jun 30, 1994

To qualify for this assistance, a state must devise a scheme for reimbursing health care providers and have that plan approved by the Secretary of Health & Human Services. … Our review of the record convinces us that this factual determination is not clearly erroneous.

Reynolds/Herr v. State

582 N.E.2d 833 · Indiana Court of Appeals · Dec 11, 1991

Whether a sufficient chain of custody was established to admit the cocaine into evidence. III. … The corpus delicti may be established, by circumstantial evidence. Id.

Shelby's Landing-II, Inc., Richard Deckard, Jr., Marilyn Deckard, and Deckard Realty & Development Co. v. PNC Multifamily Capital Institutional Fund XXVI Limited Partnership

65 N.E.3d 1103 · Indiana Court of Appeals · Dec 21, 2016

The trial court’s findings and judgment will be set aside only if they are clearly erroneous. Id. A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. … However, the Defendants raised the same objection at trial, and the trial court admitted the affidavits on the basis that they qualified as certified business records, which are an exception to the prohibition

National City Bank v. Kirk

85 Ind. App. 120 · Indiana Court of Appeals · Mar 17, 1922

It thus appears that there was no absolute promise to pay “on demand or at a fixed determinable future time,” but a qualified obligation as to the time of payment as to all, except the ten per cent, mentioned in said letter … This evidence was clearly competent on the issue of fraud, and the court did not err in admitting it.

Board of Trustees of Purdue Univ. v. Severson

729 N.E.2d 1020 · Indiana Court of Appeals · Jun 13, 2000

Therefore, Newton County would be a county of preferred venue if the Seversons qualify as individual plaintiffs within the meaning of T.R. 75. … If none of those subsections is applicable, then preferred venue is established by T.R. 75(A)(10).

Cutter v. Herbst

945 N.E.2d 240 · Indiana Court of Appeals · Apr 7, 2011

Mirro] is qualified to provide this court with expert testimony regarding [Herbst’s] probable prognosis at the time of his hospitalization on March 6, 2002. 7. The expert evidence of Dr. … Mirro establishes that [Herbst] had a less than 20% chance of surviving discharge from hospital. Dr.