Case law

Eldon E. Harmon v. State of Indiana

971 N.E.2d 674 · Indiana Court of Appeals · Jun 28, 2012

established. … The evidence presented at trial was clearly sufficient to support a Class B felony conviction, and Harmon concedes as much on appeal.

O'BANION v. State Ex Rel. Shively

146 Ind. App. 223 · Indiana Court of Appeals · Dec 31, 1969

It is well-established that lack of jurisdiction of the subject matter in such situation is properly presented by demurrer, not by motion to dismiss. Indiana Acts 1881 (Spec. … It is well established that the burden of proving the existence of a non-conforming use is on the party asserting the existence of such non-conforming use.

Palmer v. State

173 Ind. App. 208 · Indiana Court of Appeals · May 31, 1977

The burden is upon the moving party to establish that no material facts are in genuine issue. Tapp v. Haskins (1974), 160 Ind. … The established rule in this State is that: “Statutes are to be construed as having a prospective operation unless the language clearly indicates that they were intended to be retrospective. (Citations omitted.).

City of Elkhart v. No-Bi Corp.

428 N.E.2d 43 · Indiana Court of Appeals · Nov 23, 1981

In that case, a railroad wished to lower the grade on tracks on which it already had an established right of way. … Clearly, the holding in Hadley justifies the admission of the evidence challenged here.

Richardson v. Calderon

713 N.E.2d 856 · Indiana Court of Appeals · Jun 30, 1999

Youngs was qualified to render an opinion concerning Calderon’s mental capacity five months after the last time he saw her in a clinical setting. … to establish other facts or inferences.

Die & Mold, Inc. v. Western

448 N.E.2d 44 · Indiana Court of Appeals · Apr 26, 1983

It is well established in other jurisdictions, however, that a vacation with pay is, in effect, additional wages. In re Wil-Low Cafeterias, Inc. v. Siegel, (2nd Cir.1940) 111 F.2d 429 ; Monroe v. … The court stated: "In the case at bar, all employees who had been in the service of the appellee for not less than one year prior to June 1, 1951, qualified for vacation pay.

Florian v. GATX RAIL CORP.

930 N.E.2d 1190 · Indiana Court of Appeals · Jul 19, 2010

To the contrary, both implementation schedules clearly provide for the fact that not all freight cars will have the required sheeting applied immediately. … would cereate an inefficient incentive to reconstruct or recondition old products rather than build new ones, in order to reduce expected liability costs; for under such a regime a product rebuilt after ten years would be immunized

Northside Sanitary Landfill, Inc. v. Bradley

462 N.E.2d 1321 · Indiana Court of Appeals · May 7, 1984

DISCUSSION AND DECISION Issue I: Shield Law The shield law is IND.CODE 34-3-5-1 as follows: “Newspapers, television and radio stations — Press associations — Employees and representatives — Immunity. … However, a witness is not exonerated from answering because he judges that in doing so, he would incriminate himself; that is, “his say-so does not of itself establish the hazard of incrimination”. Hoffman v.

Foust v. William E. English Foundation

118 Ind. App. 484 · Indiana Court of Appeals · Jun 29, 1948

English, including the establishment of a William E. … The provision of the will creating the trust clearly indicates testator desired this home to be built on other property if it was not feasible to build it on the property in question.

Marriage of Sanjari v. Sanjari

755 N.E.2d 1186 · Indiana Court of Appeals · Oct 4, 2001

Child Support Order Reversal of a trial court's child support order is merited only where the determination is clearly against the logic and effect of the facts and circumstances. Fields v. … Accordingly, Amir has failed to establish that he was prejudiced by the exclusion of Uzell's testimony. We find no abuse of discretion. E.

James E. Easter v. State of Indiana

Indiana Court of Appeals · May 4, 2026

App. 2022) (“A finger qualifies as an ‘object’ in this context.”). … establish” the latter.

In re Termination of the Parent-Child Relationship of H.M. (Minor Child), and A.M. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 20, 2018

At the end of this second stay, Mother earned a certificate of completion, which was qualified because she did not meet the program requirements for class attendance. … [27] Mother argues that the trial court’s conclusion that termination is in the best interests of Child is clearly erroneous.

In Re the Marriage of Pond

676 N.E.2d 401 · Indiana Court of Appeals · Jul 17, 1997

The property was to be sold to the first qualified buyer who offered the listing price and if no buyer offer the listing price, then the property would be sold to the highest bidder during the listing period. … William next argues that the trial court improperly deviated from the Guidelines in establishing his child support obligation.

Indiana High School Athletic Ass'n v. Martin

731 N.E.2d 2 · Indiana Court of Appeals · Jun 14, 2000

Thus, Martin sought a hardship exception to the transfer rule so that she would be allowed to play varsity sports. 3 However, IHSAA determined that under the IHSAA Eligibility Rules, Martin qualified for only limited eligibility … Clearly, there was evidence before the trial court that Martin suffered emotional and physical ailments.

Trusteeship of Creech v. Russellville Bank

130 Ind. App. 611 · Indiana Court of Appeals · Jun 19, 1959

Her will was duly probated and an executor appointed and qualified on the 26th day of April, 1938. The administration of the estate was completed and the executor was discharged on May 8, 1940. … A vested interest under a trust is established by the same general principles as apply to the common law life estate. The character of the corpus — real, personal, tangible, or intangible, is immaterial.

VFW Post 2953 v. City of Evansville and Evansville Common Council

Indiana Court of Appeals · Feb 15, 2013

and Immunities Clause, which provides: The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong … Equal Privileges and Immunities Clause imposes two requirements[.]”

Guardianship of Sharon Izzo v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 24, 2017

Appellate Rule 65(D), this FILED Memorandum Decision shall not be regarded as May 24 2017, 9:58 am precedent or cited before any court except for the purpose of establishing … Her medical condition was so perilous that “she would have qualified for Hospice Services in her home” without further intervention. Tr. p. 32.

SHELBY NAT'L. BK., ADM. v. Miller

147 Ind. App. 203 · Indiana Court of Appeals · Jun 15, 1970

App. at page 552, this court stated: “The questions asked clearly invaded the province of the court and jury. … Nor did the prior evidence establish such physical facts.

Pioneer Oil Company, Inc. v. ECC Bethany, Inc.

Indiana Court of Appeals · Oct 9, 2025

App. 1985) (observing that a land owner “owns all of the oil beneath the surface of his acreage” but “only in a qualified sense” because of “the fugitive nature of oil, which can flow from and to adjoining … we are cognizant of the fact that there is a certain amount of reasonable and necessary waste incident to the production of oil and gas to which the non-liability rule must also apply, we do not think this immunity

Dunmoyer v. Wells County, Indiana Area Plan Commission

32 N.E.3d 785 · Indiana Court of Appeals · May 12, 2015

Section 1602 entitles a petitioner to judicial review upon a showing that the petitioner qualifies under: (1) Section 1603 concerning standing; (2) Section 1604 concerning exhaustion of administrative remedies; (3) Section … that the petitioner has been prejudiced by a zoning decision that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity