Case law

STATE EX REL. DEPT. OF NAT. R. v. Lehman

378 N.E.2d 31 · Indiana Court of Appeals · Jul 17, 1978

His contrary findings, as the evidence clearly reveals, did not require a reweighing of the evidence. CHARGE: Using a state-owned vehicle for personal use. … How was it established that they were not to do it if there is no written rule or regulation. A. Well, you just did not use State property for your own personal use. That seems — Q.

DeGood Dimensional Concepts, Inc. v. John D. Wilder

Indiana Court of Appeals · Nov 12, 2019

A judgment is clearly erroneous if it applies the wrong legal standard to properly found facts. Id. … The record reflects that DeGood not only failed to argue at the trial court level that commissions do not qualify as wages under the Wage Claim Statute, but it also conceded as much.

The Lewallen Revocable Trust v. Fifth Third Mortgage Company (mem. dec.)

Indiana Court of Appeals · Jun 2, 2015

Findings of fact are clearly erroneous if they are unsupported by the findings and conclusions which rely upon those findings. Id. … In establishing whether the findings or the judgment are clearly erroneous, we consider only the evidence favorable to the judgment and all reasonable inferences to be drawn therefrom. Id.

State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management, LLC, a/k/a CPM Construction of Indiana

18 N.E.3d 1006 · Indiana Court of Appeals · Sep 16, 2014

In addition to their individual requirements, both subsections of T.R. 60(B) also mandate the establishment of a meritorious claim or defense. … The deposition testimony clearly indicates a “domestic”-type crime, serious enough for the State to pursue charges and for Radcliff to consult an attorney. (See Radcliff Depo. pp. 298-99).

Town of Knightstown v. Dudley Wainscott

70 N.E.3d 450 · Indiana Court of Appeals · Feb 16, 2017

Wainscott responded that his April 2013 letter qualified as a proper tort claims notice. … However, this is clearly a typographical error.

Calvin Lowery v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 6, 2019

Outside the presence of the jury, Lowery admitted that he had a prior qualifying conviction for Court of Appeals of Indiana | Memorandum Decision 18A-CR-2991 | September 6, 2019 Page 4 of 13  dealing … This evidence is sufficient to meet the requirements of Rule 4(D), and the trial court’s decision was not clearly against the logic and effect of the facts and circumstances. See Wilhelmus v.

Cole v. State

967 N.E.2d 1044 · Indiana Court of Appeals · May 10, 2012

Cole was dressed in dark clothing with clearly visible orange or red embroidery on both the shirt and pants. … Specifically, Cole argues that his prior convictions for possession of marijuana do not qualify as prior, unrelated felony offenses capable of supporting his status as a habitual offender.

McHugh v. Review Board of the Indiana Department of Workforce Development

842 N.E.2d 436 · Indiana Court of Appeals · Feb 16, 2006

It is well-established that an employee owes certain reasonably understood duties to her employer. See Hehr v. Review Bd. of the Ind. Employment Sec. … The Board's determinations of fact and inferences drawn therefrom are clearly supported by substantial evidence contained within the record.

Eric P. Johnson v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 16, 2015

will find an abuse of discretion if the trial court fails to enter a sentencing statement, enters a finding of aggravating and mitigating factors that are unsupported by the record, omits reasons that are clearly … State, 568 N.E.2d 539, 544 (Ind. 1991), where our supreme court held that the defendant’s three prior arrests did not qualify as “instances of criminal behavior establishing . . . a history” of criminal or

Consumer Attorney Services, P.A. v. State of Indiana

53 N.E.3d 599 · Indiana Court of Appeals · May 23, 2016

If this burden is met, the non-moving party must present evidence establishing the existence of a genuine issue of material fact. Id. … It also would expose non-lawyer employees of a law firm to indirect liability for violations of the CSOA for which the firm’s attorneys would be immune.

AGT, Inc. v. City of Lafayette

802 N.E.2d 1 · Indiana Court of Appeals · Jul 21, 2003

Our supreme court has explained in this regard: If otherwise qualified, the mere fact that he had been an appraiser in a condemnation proceeding would not render him incompetent to testify as to the value of the land. … In the instant case, the City clearly brought prejudicial evidence before the jury. Specifically, the jury was made aware of the fact that Geswein, Coffman, and Godby were the court-appointed appraisers in the case.

Steinrock Roofing & Sheet Metal Inc. v. James S. McCulloch, PNC Bank, N.A.

Indiana Court of Appeals · Mar 30, 2012

Substantial evidence was presented at trial establishing that the contractor’s work was deficient in a number of respects. … The inquiry of whether Steinrock is still open made by McCulloch to Tara Hunter does not qualify as a defamatory statement. 24.

Vaubel v. Lang

81 Ind. App. 96 · Indiana Court of Appeals · Jun 19, 1923

thereby to refer to said Elizabeth and Huida, and not their possible issue, under the well-settled rule that where language in a will is susceptible of two constructions, one of which would *103 violate a statute or an established … It has been held repeatedly that a title in fee simple means a title to the whole of the thing absolutely, and is contradistinguished from a determinable, conditional, qualified or base fee. Dumont v.

Clark v. Griffin

481 N.E.2d 170 · Indiana Court of Appeals · Aug 6, 1985

Issues Two and Three Now that we have established that Clark's endorsement was forged, we consider whether he can recover from either *173 MTB or Griffin for conversion. … However, the only suit clearly contemplated by this provision is one against the drawee bank. J. White and R. Summers Handbook of the Law Under the Uniform Commercial Code p. 586 (2d Ed.1980).

Harris v. Second National Bank of Hamilton

146 Ind. App. 468 · Indiana Court of Appeals · Apr 1, 1970

Upon the death of Edith Weber in February 1966, the appellee was duly appointed and qualified as the executor of her estate, and acting in that capacity filed its complaint against appellant to recover $45,393.39 allegedly … The court, in upholding the right of the devisees to give testimony, stated: “If the action is an action properly brought by the executor to recover, as such, on behalf of the estate of its decedent, then it is clearly established

Robert E. Redington v. State of Indiana

121 N.E.3d 1053 · Indiana Court of Appeals · Apr 5, 2019

further probative evidence establishing otherwise.” … The statute is written in the present tense, and it has no qualifying language, such as that he must prove that he “is no longer dangerous” or that the circumstances that led to him being found dangerous in the past have

In re the Termination of the Parent-Child Relationship of Bai.M. (Minor Children) and A.M. (Mother) and S.M. (Father) A.M. and S.M. v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 8, 2019

See id. at 180 (“It is well established that we may consider a party’s constitutional claim waived when it is raised for the first time on appeal.”). … substantial and appear clearly and prospectively.

Nathan Anderson v. State of Indiana

Indiana Court of Appeals · Jan 31, 2012

Indeed, the Court explained: As established in Miranda v. … The record clearly establishes that Smith relied upon two court orders when advising Anderson that he was required to submit a DNA sample.

Creager v. State

737 N.E.2d 771 · Indiana Court of Appeals · Oct 17, 2000

Therefore, Patrick’s children are clearly “victims” entitled to restitution under the statute. … We note initially that the Code of Judicial Conduct establishes standards for the ethical conduct of judges.

McCarty v. Sanders

805 N.E.2d 894 · Indiana Court of Appeals · Apr 7, 2004

recoverable for "an injury or death of a patient" may not exceed $750,000.00 for an act of malpractice that occurred during the time period at issue. 1 During the time period at issue, Ind.Code § 34-18-14-8(b) provided that a qualified … Jacob's filing of a petition demanding payment of damages from the Fund is sufficient to establish his standing as a "claimant" under the statute.