Case law

Comm'r, Indiana Department of Insurance v. A.P.

121 N.E.3d 548 · Indiana Court of Appeals · Mar 29, 2018

A.P. filed a reply arguing that his misdemeanor battery conviction did not constitute a qualifying offense to revoke his license because it was not a misdemeanor in which an element of the offense involves violence under … While we do not attempt to establish the boundaries of the occurrences in which an element of a misdemeanor offense involves violence, we cannot conclude that the Commissioner was unreasonable in determining that A.P.'

Enyart v. Blacketor

168 Ind. App. 214 · Indiana Court of Appeals · Feb 27, 1976

. *230 The majority’s rationale that a traffic sign must warn of a specific hazard to qualify as a warning to motorists is not supported by reason or authority. … The court further noted: “Travelers upon public highways are not expected to first ascertain and determine whether such signs are established in strict compliance with law before respecting them.” 415 P.2d at 88 , quoting

Darlage v. Drummond

576 N.E.2d 1303 · Indiana Court of Appeals · Aug 22, 1991

His estate was opened on April 22, 1983, with Jane Speer, Joseph's sister, qualified as the executrix under Joseph's will. The will named Cheryl and Joseph's two children as the sole devisees. … neither reweigh the evidence nor judge the witnesses' credibility; rather, we view only the evidence that supports the judgment, and will uphold the verdict if it is supported by substantial evidence of probative value establishing

Blaker v. Young

911 N.E.2d 648 · Indiana Court of Appeals · Aug 18, 2009

Clearly, the doctors' opinions on which Blaker relies are based on speculation and conjecture, not the facts established by the designated evidence in this case. *652 Moreover, there is no evidence in the record to provide … Clearly, the court did not base its grant of summary judgment on the issue of proximate cause.

Alabach v. Northern Indiana Public Service Co.

164 Ind. App. 471 · Indiana Court of Appeals · Jun 16, 1975

Indianapolis Power & Light Co. (1968), 249 Ind. 498 , 233 N.E.2d 656 , 2 all of which firmly and specifically established the principle that a utility such as NIPSCO need not obtain prior Commission approval or a certificate … Illustrative of unerring judicial devotion to this rule is Graham Farms, Inc.: “As we have previously pointed out, § 3-1713, supra, [32-11-3-1, -2 (the condemnation statute)] permits any corporation qualified thereunder,

Sheaff Brock Investment Advisors, LLC v. David Morton

7 N.E.3d 278 · Indiana Court of Appeals · Apr 7, 2014

This general rule may be altered by a written agreement or by the conduct of the parties that clearly demonstrates a different compensation scheme. Id. … Also, to qualify as a wage, the compensation must be connected to the work performed by the employee. Wank v. St. Francis College, 740 N.E.2d 908, 912 (Ind. Ct. App. 2000), trans. denied.

Lutheran Hospital of Indiana, Inc. v. State, Department of Public Welfare

623 N.E.2d 450 · Indiana Court of Appeals · Nov 16, 1993

In support of this interpretation, this Court notes that the [agency] qualified "condition" in the regulation by adding "which prompted the hospitalization." 470 T.A.C. 11.1-2-1(b). … As discussed previously, these patients do qualify for emergency medical treatment when their conditions cause symptoms of a life-threatening nature.

White v. State

846 N.E.2d 1026 · Indiana Court of Appeals · May 3, 2006

In the instant case, the record clearly supports that House purchased the property for use as a permanent residence. … To qualify as fundamental, an error "must constitute a blatant violation of basic principles, the harm, or potential for harm must be substantial, and the resulting error must deny the defendant fundamental due process."

McIntyre v. Medaris

612 N.E.2d 1068 · Indiana Court of Appeals · Apr 22, 1993

When findings of fact and conclusions of law are requested by the parties, as occurred here, we will not set aside the trial court's judgment unless the judgment is clearly erroneous, that is, unless we are firmly convinced … Pursuant to 1C. § 31-3-1-4, as soon as a petition for adoption is found to be in proper form, the clerk must forward a copy of the petition to the state department of public welfare, one copy *1070 to a qualified agency as

Ralston v. State

78 Ind. Dec. 890 · Indiana Court of Appeals · Oct 29, 1980

They were clearly calculated to indicate whether Burns had changed her story rather than to prove the extent of Slaughter’s involvement. … Further, he claims that Michael was not qualified to testify as an expert because he did not have sufficient independent observation of facts to form an opinion.

Robert Antoine Rosenbourgh v. State of Indiana

Indiana Court of Appeals · Sep 19, 2025

To determine whether the party qualifies for this limited exception, we consider whether the party worked diligently to prosecute his appeal, id. at 972; the nature of the party’s rights at stake, id.; whether … He argues that the State’s evidence “does not indicate when [he] discovered the new charges to establish that he failed to advise probation within 24 hours.” Appellant’s Br. at 10 (emphasis added).

Cathy Lynn Baker v. Douglas L. Grout

116 N.E.3d 475 · Indiana Court of Appeals · Dec 10, 2018

Mother testified that Nicholas qualified for four years of the Scholarship and that the Scholarship was not dependent on his grades, and he is entitled to the grants as long as he does not “flunk out” (less … Determinations of child support obligations are within the trial court’s discretion and will not be set aside unless they are clearly erroneous. Turner v. Turner, 983 N.E.2d 643, 646 (Ind. Ct.

R.K.H. v. Morgan County Office of Family & Children

845 N.E.2d 229 · Indiana Court of Appeals · Apr 13, 2006

By all accounts, the foster parents in this case are well qualified to raise the infant child. The Morgan County Department of Family and Children recommended that the adoption be approved. … The statute clearly does not contemplate an adoption with two adoptive fathers or two adoptive mothers.

Athena Y. Collins v. State of Indiana

Indiana Court of Appeals · Mar 23, 2012

establish the lesser included offense, then the lesser included offense is inherently included in the crime charged. … An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets the law. Id.

Davis v. LeCuyer

849 N.E.2d 750 · Indiana Court of Appeals · Jun 26, 2006

First, Indiana’s General Assembly long ago made the public policy decision to establish Indiana as a modified, comparative fault state. … They do not address the duty owed by an adult entrusted with the care of another’s child, as Johnson clearly does. Hence, we find the Stones’ in loco parentis argument unpersuasive.

In the Matter of the Termination of the Parent-Child Relationship of B.C., Mother, and Z.R. and J.R., Children, B.C. v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Aug 25, 2017

With Court of Appeals of Indiana | Memorandum Decision 79A02-1702-JT-339 | August 25, 2017 Page 5 of 17  regard to housing, Mother did not qualify for assisted housing because of two prior evictions … A finding of fact is clearly erroneous when there are no facts or inferences drawn therefrom to support it. Id.

In Re Paternity of CS

964 N.E.2d 879 · Indiana Court of Appeals · Mar 19, 2012

Also, as the trial court concludes, such a change is clearly in C.S.'s best interests. 2. … Some states have explicitly stated this qualifier. See e.g., Ga.

Eppler v. Eppler

837 N.E.2d 167 · Indiana Court of Appeals · Nov 14, 2005

Husband's Income When we review the calculation of a parent's income, we will not reverse the trial court's finding unless it is clearly erroncous. Naggatz v. … form of financial aid, a proportion that has remained large and relatively constant, at least since the time of the Class of 1976, in order to make the extraordinary benefits of a Harvard education accessible to anyone who qualifies

Anastasia Blanchard v. HRC Hotels, LLC

Indiana Court of Appeals · Sep 26, 2025

[16] To be clear, Blanchard didn’t argue in the trial court, and she doesn’t argue on appeal, that Schroeder isn’t qualified as an expert under Indiana Evidence Rule 702(a) (“A witness who is qualified … “Absent factual evidence, negligence cannot be supported by an inferred chain of events[,] and inferential speculation alone cannot establish negligence.

The 487 Broadway Company, LLC v. Kimberly K. Robinson

Indiana Court of Appeals · Apr 23, 2020

Specifically, 487 Broadway asserts that the Township did not designate any “affidavits or other designated documents which would be admissible under the Indiana Rules of Evidence” to “establish that there … “Unsworn statements and unverified exhibits do not qualify as proper Rule 56 evidence.” Seth v.