Case law

Board of School Trustees v. Benetti

492 N.E.2d 1098 · Indiana Court of Appeals · May 21, 1986

Indiana Code Section 20-5-1-8 (Burns 1985 Repl.) sets forth various applicable definitions: "(a) 'School corporation shall mean any local public school corporation established under the laws of the state of Indiana, including … There is a strict presumption that a statute is constitutional which continues until it is clearly shown to be otherwise. Wallman v. State (1981), Ind.App., 419 N.E.2d 1346, 1348 ; Tapp, at 300.

Jeffrey Embrey v. State of Indiana

989 N.E.2d 1260 · Indiana Court of Appeals · May 30, 2013

An abuse of discretion occurs if a trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court. Id. … Upon review, we conclude that the NPLEx report is imbued with an independent indicia of trustworthiness, and, as such, qualifies as a business record.

Black v. Employee Solutions, Inc.

725 N.E.2d 138 · Indiana Court of Appeals · Mar 16, 2000

Generally, where the intent of the parties can be clearly ascertained from language of the contract, courts recognize and enforce the parties’ agreement. Mortgage Consultants, 655 N.E.2d at 496 . … The evidence does not show a mutual intent of the parties to establish an employer-employee relationship. 2 B.

Phyllis Dodson, as Special Administrator of the Estate of Eboni Dodson v. Curt D. Carlson, Carmel Hotel Company, d/b/a Grille 39, Seven Corners, Inc.

14 N.E.3d 781 · Indiana Court of Appeals · Jul 25, 2014

Id. 3  The standard by which we review a summary judgment is well-established. … In those cases of mixed elements clearly the case should go to the jury because of the question of fact considering the purpose of the trip and whether or not the employee was acting within the scope of

Daniel R. Collar II v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 9, 2020

The provisions of Indiana Criminal Rule 4 implement the defendant’s speedy trial right by establishing deadlines by which trials must be held. Id. … The trial court’s decision to set Collar’s trial beyond the seventy-day speedy trial window was not clearly erroneous. See Austin v.

K.F. v. State

961 N.E.2d 501 · Indiana Court of Appeals · Jan 20, 2012

occurs “where the decision is clearly against the logic and effect of the facts and circumstances.” Smith v. State, 754 N.E.2d 502, 504 (Ind.2001). a. … Here, the officer’s testimony did indeed constitute hearsay and did not qualify under Evidence Rule 801(d) for exclusion from the definition of hearsay.

Thompson v. Elkhart Office of Family & Children

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

Despite the hard work, mem *609 bership 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.

Tricia Dennis v. R&M Construction, Inc. and the Lakes of the Four Seasons Property Owners Association, Inc. (mem. dec.)

111 N.E.3d 260 · Indiana Court of Appeals · Sep 14, 2018

FILED regarded as precedent or cited before any Sep 14 2018, 9:19 am court except for the purpose of establishing … An abuse of discretion may occur if the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or if the court has misinterpreted

Stytle v. Angola Die Casting Co.

806 N.E.2d 339 · Indiana Court of Appeals · Apr 20, 2004

"Every statute stands clothed with the presumption of constitutionality until clearly overcome by a contrary showing. … We are obliged to follow precedents established by our supreme court, which are binding until changed either by a subsequent supreme court decision or by legislative enactment. Computer Co., Inc. v.

Green v. State

75 Ind. Dec. 589 · Indiana Court of Appeals · Apr 29, 1980

Whether the evidence to support the conviction is insufficient in that the State did not establish by any evidence that Green, having been adjudged an habitual traffic offender, operated a motor vehicle *899 required to be … In holding that a person whose driver’s license was suspended was not a “qualified licensed driver” within the meaning of that term as used in an automobile rental con *900 tract, the Court of Appeals of Ohio in Hadden v.

Jason T. Myers v. Gary W. Myers

Indiana Court of Appeals · Nov 25, 2014

Further, there is no requirement of a showing of good faith in order to qualify for the immunity. See id. at 341. … As such, both the Assessor’s Office and Whitlock are immune from liability under the Indiana Tort Claims Act.

Green v. State

870 N.E.2d 560 · Indiana Court of Appeals · Jul 27, 2007

The admission of Green’s statement was not clearly erroneous. III. … Green has established no reversible error in the admission of evidence. Finally, he has failed to persuade us that his consecutive sentences are inappropriate. Affirmed. SHARPNACK, J., and MAY, J., concur. 1 .

Leah Johnson v. Justin W. Johnson (mem. dec.)

Indiana Court of Appeals · Feb 18, 2020

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Feb 18 2020, 5:30 am court except for the purpose of establishing … Husband asked the trial court to issue a qualified domestic relations order “QDRO” to award Wife the portion of his PSP to which she was entitled.

Monroe Guaranty Insurance Co. v. Magwerks Corp.

796 N.E.2d 326 · Indiana Court of Appeals · Sep 24, 2003

Where provisions limiting coverage are not clearly and plainly expressed, the policy will be construed most favorable to the insured to further the policy's basic purpose of indemnity. Id. … In contrast, the broader and more modern definition of "collapse" followed by the majority of jurisdictions begins with the premise that this term is inherently ambiguous, even if it is qualified through the use of exclusionary

John Fenicle v. Indiana School for the Deaf (mem. dec.)

Indiana Court of Appeals · Dec 23, 2020

Court of Appeals of Indiana | Memorandum Decision 20A-CT-940 | December 23, 2020 Page 6 of 13 [11] The United States Supreme Court has explained that to have a property interest in employment, “a person clearly … More specifically, Fenicle fails to establish that he had a “statutory right” or a “legal duty” to work with the DOE. See Perkins, 141 N.E.3d at 1235.

Marcus Ray Wilson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 27, 2017

An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it. Id. … The State objected, arguing Wilson had not established that the witness was qualified to give an opinion on that subject.

Weida v. Kegarise

826 N.E.2d 691 · Indiana Court of Appeals · May 5, 2005

Even the Kegarises, in their brief, do not explain the amount of additur established by the trial court. 4 II. … The attorney was obviously expressing her personal opinion because she qualified each of her statements with the words “I think.”

R.H. v. L.H. and C.H. (mem. dec.)

Indiana Court of Appeals · Jul 24, 2018

Factual findings “are clearly erroneous if the record lacks any evidence or reasonable inferences to support them [and] . . . a judgment is clearly erroneous when it is unsupported by the findings of fact … The trial court’s findings regarding such were not clearly erroneous.

Goldsberry v. Grubbs

672 N.E.2d 475 · Indiana Court of Appeals · Nov 13, 1996

Sell, 597 N.E.2d 329 , which clearly compels the opposite result. This rejection is based upon the majority's conclusions that the holdings in Sell and State v. … Under state law, NIPSCO has the qualified right to locate its utility poles along the highways of this state. IC § 8-20-1-28.

Steven R. Burton v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 23, 2018

Nevertheless, the court qualified its statement by noting that its significance as a mitigating factor varies from case to case. Id. at 221. … An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id.