Case law

In re the Adoption of K.D.D., Minor Child, K.H. and S.H. v. G.D. (mem. dec.)

Indiana Court of Appeals · Dec 18, 2020

The trial court’s findings and judgment will be set aside only if they are clearly erroneous. E.B.F., 93 N.E.3d at 762. … A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Id.

Board of Trustees v. Brooks

784 N.E.2d 1035 · Indiana Court of Appeals · Mar 17, 2003

We will only disturb the trial court's findings and judgment if they are clearly erroneous. Id. … For a petition to be sufficient it "must be verified under oath by at least one (1) qualified petitioner in a manner prescribed by the state board of accounts before the petition is filed with the county auditor."

Thomas Zachary v. Amanda Suzanne Nesbitt (mem. dec.)

Indiana Court of Appeals · Jul 21, 2020

“When an appellee fails to submit a brief, we apply a less stringent standard of review with respect to the showing necessary to establish reversible error.” … As such, the alleged shortfall does not qualify as “newly discovered evidence,” and the trial court did not abuse its discretion by denying Husband’s motion to correct error.

Abercrombie and Fitch Stores, Inc. v. Simon Property Group, L.P.

Indiana Court of Appeals · Nov 25, 2020

Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. Id. … In any event, Talbott’s affidavit establishes that he was qualified to testify about the harm that Simon would suffer following a mass shutdown of Abercrombie’s stores.

Adam Christopher Avila v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 20, 2020

not be FILED regarded as precedent or cited before any Apr 20 2020, 10:46 am court except for the purpose of establishing … The record clearly demonstrates that the trial court did not ignore Avila’s medical issues when sentencing him. Next, Avila does not require constant medical treatment.

Pendleton v. Aguilar

827 N.E.2d 614 · Indiana Court of Appeals · May 19, 2005

In particular, Aguilar alleges that evidence of collateral source payments made to Pen-dleton by his employer's uninsured motorist carrier does not qualify as one of the statutory exceptions to the general rule of admissibility … Unlike Peele, in the case before us today, the record clearly establishes that neither Pendleton, nor his family, paid directly for the uninsured motorist benefits.

State v. Schaller

111 Ind. App. 128 · Indiana Court of Appeals · Apr 14, 1942

This court points out that, “It is well settled that where books, records, and papers, which might properly be used in evidence, *139 are numerous or voluminous, it is competent for any qualified person who has examined them … It was clearly within the discretion of the trial court to require W. B. Waddell to make proof of his authority to act as an attorney for appellees.

Lester v. Hinkle

90 Ind. App. 193 · Indiana Court of Appeals · Jun 3, 1926

says that the evidence was insufficient to sustain the finding of the court, in that, it wholly failed to show any personal liability on the part of appellant to appellee under the contract sued upon, but, on the contrary, established … E. 426: “It is well settled that where books, records, and papers, which might properly be used in evidence, are numerous or voluminous, it is competent for any qualified person who has examined them to testify as to the'

Scott v. State

924 N.E.2d 169 · Indiana Court of Appeals · Mar 25, 2010

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and cireamstances before the court. Id. … EVIDENCE OF NOLO CONTENDERE PLEA Seott contends that the trial court erred in admitting his nolo contendere plea to a Florida murder as proof that he was convicted of an offense that qualifies him as a serious violent felon

In Re SLHS

885 N.E.2d 603 · Indiana Court of Appeals · Mar 31, 2008

Despite the hard work, membership *609 in a recognized tribe has not been established. … A finding is clearly erroneous when there are no facts or inferences *616 drawn therefrom that support it. D.D., 804 N.E.2d at 264.

Leeth v. State

868 N.E.2d 65 · Indiana Court of Appeals · Jun 14, 2007

The court may exercise this option “only if the person pleads guilty to a Class D felony that qualifies for consideration as a Class A misdemeanor under IC 35-50-2-7, and the following conditions are met....” Id. … The State argues that Leeth’s “conflicting testimony clearly established his lack of credibility, which the trial court was entitled to consider.... ” Appellee’s Br. p. 7.

Kenyonn Sincere v. State of Indiana

Indiana Court of Appeals · Jan 29, 2024

“More specifically, the defendant must establish not only the grounds for the misconduct but also the additional grounds for fundamental error.” Id. … statute, claiming that [b]y claiming that the State had to disprove that Sincere was a law enforcement officer, Sincere appears to be suggesting that there is some sort of immunity

LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated Individuals

40 N.E.3d 1264 · Indiana Court of Appeals · Aug 11, 2015

An abuse of discretion occurs when the trial court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law and fact. … To prevail on a claim, the class will have to establish both generic and individual causation. Id.

City of Evansville Ex Rel. Department of Redevelopment v. Reising

547 N.E.2d 1106 · Indiana Court of Appeals · Dec 20, 1989

The trial court’s assignment of the burdens of proof was clearly erroneous and contrary to law. … The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.” *1111 The record establishes that the Evansville Redevelopment Commission followed the proper procedures for initiating

Belvedere v. State

875 N.E.2d 352 · Indiana Court of Appeals · Oct 23, 2007

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. … that applying the good faith statute here would violate Article I, Section 23 of the Indiana Constitution, which provides that "[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities

Lee v. Schroeder

529 N.E.2d 349 · Indiana Court of Appeals · Oct 17, 1988

The affidavit must set forth facts which would be admissible in evidence, and the assertions or conclusions of law or opinions by one not qualified to testify to such will not suffice. Raymundo v. … Clearly, the factual base, the medical records, upon which Dr. Davis rendered his opinion was hearsay.

Krisean Porter v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 8, 2020

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 08 2020, 8:48 am court except for the purpose of establishing … Court of Appeals of Indiana | Memorandum Decision 19A-CR-2777 | December 8, 2020 Page 9 of 16 [18] Similarly, we conclude that Proposed Jury Instruction 6’s failure to include the qualifying statement of “[u]

Victor Ponce v. State of Indiana

992 N.E.2d 726 · Indiana Court of Appeals · Mar 7, 2013

Although qualified as an expert, Mr. Courtright cannot speculate on what Petitioner did and did not understand. Moreover, Ms. … Although we do not defer to the post-conviction court’s legal conclusions, we review the post-conviction court’s factual findings under a 6 clearly erroneous standard. Id.

Northwest Oral Surgeons, P.C. v. Joseph Lovasko, D.D.S. (mem. dec.)

Indiana Court of Appeals · Sep 29, 2016

In the event of an employee’s death or voluntary separation, severance benefits were to be settled within sixty days of the qualifying event. … Court of Appeals of Indiana | Memorandum Decision 45A03-1604-PL-734 | September 29, 2016 Page 14 of 18  for the eight (8) quarters preceding the date of death [or other qualifying event].”

In re: The Adoption of N.T., a minor child, M.T. v. J.T. (mem. dec.)

Indiana Court of Appeals · Apr 12, 2018

In June 2015, Natural Father filed a petition to establish his paternity of Child. In November 2015, Mother and Natural Father entered a stipulation establishing Natural Father’s paternity. … The trial court’s findings or judgment will be set aside only if they are clearly erroneous. Id.