Case law

Kleinschmidt v. Clark

143 Ind. App. 99 · Indiana Court of Appeals · Jul 11, 1968

That Plaintiff is the duly appointed, qualified, and acting special administratrix of the Estate of Millard T. … This appears to us .to be clearly speculative and conjectural and does not constitute any direct evidence of speeding or any evidence from which an inference of speeding could be drawn. ...

Aaron v. REVIEW BD. OF INDIANA, ETC.

416 N.E.2d 125 · Indiana Court of Appeals · Feb 3, 1981

Once employees are disqualified for unemployment benefits, they have the burden of proving that they have become qualified. … Union members, in order to qualify for benefits, had to report daily to a union officer and to accept tours of duty on the picket line.

Weidner and Company, P.C. v. Jurgonski & Fredlake CPAs, P.C., Greg Jurgonski, and John Fredlake (mem. dec.)

Indiana Court of Appeals · Oct 31, 2018

shall not be FILED regarded as precedent or cited before any Oct 31 2018, 8:44 am court except for the purpose of establishing … The trial court’s declaratory judgment in favor of Jurgonski and Fredlake on the for cause issue is not clearly erroneous.

State ex rel. Interstate Public Service Co. v. Lund

80 Ind. App. 349 · Indiana Court of Appeals · May 29, 1923

The undisputed evidence establishes the following facts pertinent to the questions submitted for our determination. … The undisputed evidence shows that the indebtedness on which this action is based, was incurred by the contractor in the prosecution of the work in question, and therefore clearly falte within the provisions of the bond,

Farmers' Bank v. Orr

25 Ind. App. 71 · Indiana Court of Appeals · Oct 25, 1899

The proceedings to establish the gravel road described in the complaint were had under the act of April 8, 1885 (Acts 1885, pp. 162-169). … pleadings, (b) Again, it fully appears that appellee remained silent, with a full knowledge of the facts that he thus concealed, and hence, the second element of an estoppel was present, (c) The facts charged in these pleadings clearly

In the Matter of the Termination of the Parent-Child Relationship of O.A. (Minor Child) and Z.O. (Father) Z.O. (Father) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jun 4, 2020

“Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Quillen v. … Kristina Stewart from Valley Oaks, who completed [F]ather’s substance use/mental health assessment testified that she was qualified to work with Father on mental health issues and that the facility

Susan Mwangi and Joe Mwangi v. Nicholas Bobelinski and Classic Seamless Gutter, Inc. (mem. dec.)

Indiana Court of Appeals · Aug 11, 2020

The trial court also stated that it had attempted to connect Susan with the pro bono program in the county, but her income and assets were too high to qualify. Id. at 83. … A trial court abuses its discretion when it reaches a conclusion that is clearly against the logic and effect of the facts or the reasonable and probable deductions that may be drawn therefrom.

Indiana-Kentucky Electric Corp. v. Commissioner, Indiana Department of Environmental Management

820 N.E.2d 771 · Indiana Court of Appeals · Jan 19, 2005

IKEC argues that the statute clearly anticipates the possibility that all ambient monitoring stations could be eliminated in a vicinity so that no entity has any ambient monitoring responsibility. … The commissioner may establish conditions in the approval of a waiver to assure compliance with the provisions of this article.

Wicker v. Indiana Reformatory

525 N.E.2d 1262 · Indiana Court of Appeals · Jul 20, 1988

Judicial Review It is well established that the orders of administrative agencies may be reviewed to determine whether the agency’s decision comports with applicable law. Dale Bland Trucking, Inc. v. … Clearly then Wicker was given notice of the proposed action and an opportunity to respond. The procedure followed under IND. CODE 4-15-2-35 provided an initial check against the possibility of a mistaken decision.

David E. Matney v. State of Indiana

Indiana Court of Appeals · Feb 27, 2014

Greeson was granted immunity in exchange for his testimony against Matney. Greeson, Adams, and other witnesses testified. … To qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible. Brown v. State, 799 N.E.2d 1064, 1067 (Ind. 2003).

Capitol Builders, Inc. v. Shipley

439 N.E.2d 217 · Indiana Court of Appeals · Aug 31, 1982

Two elements must be established to qualify a witness as an expert: *228 1) the subject of the inference must be so distinctly related to some science, profession, business or occupation as to be beyond the ken of laymen; … Clearly, Tiekie and Rodke, having been engaged in the bricklaying trade for a combined total of nearly fifty years, were qualified to give their opinions as to matters arising in the course of that trade.

Sikora v. Fromm

782 N.E.2d 355 · Indiana Court of Appeals · Jan 8, 2003

Thus, upon remand expert medical testimony would be required to establish causation. Id. … Here, unlike the Daub and Schloot cases, Plaintiff's Exhibit Two was admitted *361 following the medical explanations of two qualified experts, Dr. Staub and Dr. Kos-tidis.

Gina Albright v. Review Board of the Indiana Dept. of Workforce Development and the Starke County Sheriff's Dept.

994 N.E.2d 745 · Indiana Court of Appeals · Sep 12, 2013

When the employer alleges that the employee was discharged for just cause, the employer bears the burden of establishing a prima facie case of discharge for just cause. Alebro, LLC v. Review Bd. of Ind. … Albright knew about the rule, she knowingly violated the rule, and the rule clearly provides that discharge was a possible consequence of violation.

LBL Development, LLC v. St. John Plan Commission, Town of St. John, Indiana

Indiana Court of Appeals · Oct 23, 2023

“The first step in interpreting a statute is to determine whether the [legislative body] has spoken clearly and unambiguously on the point in question.” City of Carmel v. … [38] Therefore, the plain language of the two ordinances establishes that the Council designated R-1 zoning for the Property.

Terry Smith v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 30, 2016

Therefore, in order to prevail, a petitioner must establish his claims by a preponderance of the evidence. Ind. … We therefore accept the post-conviction court’s findings of fact unless they are clearly erroneous but give no deference to its conclusions of law. Id. I.

Kiel Brothers Oil Co. v. Indiana Department of Environmental Management

819 N.E.2d 892 · Indiana Court of Appeals · Dec 30, 2004

An administrative decision should be reversed only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to a constitutional right, power, privilege, or immunity … In addition, with respect to the owner or operator's contribution under the Indiana Act, the Indiana Legislature has established the ELTF.

Kalwitz v. Estates of Kalwitz

759 N.E.2d 228 · Indiana Court of Appeals · Nov 26, 2001

In addition, the Estates introduced into evidence Obed, Sr. and Helen's depositions given during the LPCA litigation, which clearly waive the Dead Man's statute. 4 See I.C. § 34-45-24. … In other words, the statute does not provide that only depositions taken in the instant litigation will qualify.

In re the Matter of N.T. (Minor Child) and D.T. (Father) and K.J. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Oct 7, 2020

The Court found her to be qualified as an expert in dietetics. 25. … The court qualified her as an expert witness in the areas of pediatrics and child abuse pediatrics. 59. During [Child’s] admission at St. Vincent, Dr.

Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC. v. Joseph v. DeSpirito

78 N.E.3d 666 · Indiana Court of Appeals · May 25, 2017

Section 153.003(B) states, “When it is clearly in the [town’s] interest that a parcel should not be developed through further subdivision, the Planning Commission may reject a primary plat.” … In Thomas, this Court quoted that rule in affirming the dismissal of a complaint to establish an easement by necessity for failure to state a claim. See 30 Ind.

Indiana Department of State Revenue v. Indiana Gamma Gamma of Alpha Tau Omega, Inc.

181 Ind. App. 664 · Indiana Court of Appeals · Aug 28, 1979

trial court’s finding that ATO is exempt under the above language from collecting the gross retail tax on its food sales to students is necessary to preserve the constitutionality of the exemption under the privileges and immunities … None of this is relevant here, however, because the student purchases of food from ATO are clearly retail purchases for immediate consumption. 14 .