Case law

Michael Anthony Jones v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 2, 2017

We will reverse a trial court’s decision to admit evidence only if the court’s decision was clearly against the logic and effect of the facts and circumstances before it. Thornton v. … Appeals of Indiana | Memorandum Decision 71A03-1705-CR-1136 | November 2, 2017 Page 9 of 13  1. 911 Call [13] It is undisputed that Lorenzo’s statements in the 911 call qualify

In the Matter of the Termination of the Parent-Child Relationship of J.S. & H.E., Minor Children, E.S., Mother & G.E., Father v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 25, 2017

We confine our review to two steps: whether the evidence clearly and convincingly supports the findings, and then whether the findings clearly and convincingly support the judgment. Id. … App. 2007) (failure to challenge findings by the trial court resulted in waiver of the argument that the findings were clearly erroneous), trans. denied.

City of Gary and Gary Sanitation District v. Indiana Department of Environmental Management and City of Hobart

Indiana Court of Appeals · May 17, 2012

The “and” between (A) and (B) clearly reflects that for such discharges for which a new permit limit would be required both (A) and (B) will apply. 5  There is no … relief from an administrative decision only if the agency action is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

Ackerman v. Kimball International, Inc.

634 N.E.2d 778 · Indiana Court of Appeals · May 23, 1994

Reversal is warranted only where the trial court's special findings are clearly erroneous, that is, where the record is devoid of facts or inferences supporting the trial court's findings. Williams v. … Considering the two remaining factors, the evidence demonstrated that Kimball's customer and supplier lists and pricing information qualify as trade secrets. See Issue Two.

Urbanational Developers, Inc. v. Shamrock Engineering, Inc.

175 Ind. App. 416 · Indiana Court of Appeals · Feb 9, 1978

It should be noted, however, that such a qualified statement rests upon Kalish’s interpretation of what the contract required. … The work necessary to reach proper compaction was clearly within the specifications.”

MONEY STORE INVESTMENT CORP. v. Summers

909 N.E.2d 450 · Indiana Court of Appeals · Jul 10, 2009

Summers was gone and Money Store did not qualify a receiver or enter the property to secure its interests. Watching the property deteriorate, Phillips eventually decided to take remedial action to secure it. … Findings and conclusions will be set aside only when they are clearly erroneous. Id. A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id.

Indiana Department of Public Welfare v. Payne

592 N.E.2d 714 · Indiana Court of Appeals · May 26, 1992

Background Medicaid was established in 1965 as Title XIX of the Social Security Act (the Act), 79 Stat. 343 , as amended, 42 U.S.C. § 1396 et seq. (1982). … We will reverse only if the evidence, when viewed as a whole, establishes that the agency’s conclusions are clearly erroneous. City of Indianapolis v. Hargis (1992), Ind., 588 N.E.2d 496 .

Wagner v. Spurlock

803 N.E.2d 1174 · Indiana Court of Appeals · Feb 26, 2004

A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made. Id. … To qualify as a wage, the compensation must be connected to the work performed by the employee. Id.

David J. Steingart v. Robert P Musgrave

Indiana Court of Appeals · Oct 31, 2023

An abuse of discretion occurs when the court’s decision is clearly against the logic and effect of the facts and circumstances or the court has misinterpreted the law. … [15] As soon as a receiver is appointed and qualified, the entity’s assets become receivership assets until final distribution by the court. Porter Hosp., LLC v. TRK Valpo, LLC, 212 N.E.3d 683 (Ind.

Breece v. Lugo

800 N.E.2d 224 · Indiana Court of Appeals · Dec 18, 2003

The Medical Malpractice Act affects the right of action for wrongful death only to the extent of limiting the recovery and establishing the requirement of submission of the claim to the medical review panel created by the … If true, such a death is clearly "caused by the wrongful act or omission of another" and within the purview of [the Wrongful Death Act]. 435 N.E.2d at 267 (statutory citations omitted).

Coleman v. Charles Court, LLC

797 N.E.2d 775 · Indiana Court of Appeals · Oct 16, 2003

Medical studies show that repeated exposures to histoplasmo-sis actually lead to a patient developing immunity, reducing the severity of illness upon rechal-lenge. … The trial court's decision will not be reversed unless prejudicial error is clearly shown. Id.

Cole v. Shults-Lewis Child & Family Services, Inc.

677 N.E.2d 1069 · Indiana Court of Appeals · Mar 18, 1997

Specifically the court noted: The plaintiff submitted no affidavits or depositions of qualified witnesses providing expert opinion to support the scientific validity of repressed memory and to establish that her normal powers … After this, the court noted that daughter "submitted no affidavits or depositions of qualified witnesses providing expert opinion to support the scientific validity of repressed memory and to establish that her normal powers

Pluard Ex Rel. Pluard v. Patients Compensation Fund

705 N.E.2d 1035 · Indiana Court of Appeals · Feb 16, 1999

Health care providers, who must make up the medical review panel . . . are no more qualified as experts on such matters than the average juror." 465 N.E.2d at 740 . … We find that the affidavit does not establish a genuine issue of material fact.

Newton v. Wyatt

98 Ind. App. 177 · Indiana Court of Appeals · Feb 1, 1934

Myrtle Wyatt Hunt was named as executrix in the will; she qualified and fully administered the estate. … But the principles settled in that case clearly established the proposition, that, having first given her the life-estate, the testator could not cut it down by a condition in restraint of marriage.

Norris v. State

881 N.E.2d 691 · Indiana Court of Appeals · Feb 28, 2008

We will review a post-conviction court's findings of, fact under a clearly erroneous standard, but will review its conclusions of law de novo. Burnside, 858 N.E.2d at 237 . … Also, the recantation was clearly discovered subsequent to the guilty plea and could not have been discovered prior to the guilty plea. See State v.

Quiring v. Geico General Insurance Co.

953 N.E.2d 119 · Indiana Court of Appeals · Aug 9, 2011

Sefton, 471 N.E.2d 700, 704 (Ind.Ct.App. 1984) (“Clearly the policy of the law is to keep the issue of insurance out of personal injury litigation. … Living hundreds of miles away from Indiana, *131 Quiring clearly did not rely upon having regular access to the Johnston residence.

State v. Cornelius

637 N.E.2d 195 · Indiana Court of Appeals · Jul 14, 1994

Clearly, I.C. 8-20-1-28 evidences a relationship between the utility erecting poles along the highway and the public which uses the roads. Cornelius was clearly a user of a road. … That Cornelius was a member of the public using the highway is sufficient to establish the requisite relationship between the Highway Commission and Cornelius and between Contractors United and Cornelius.

In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff

65 N.E.3d 1054 · Indiana Court of Appeals · Dec 8, 2016

During this period, it appears from the CCS that only on December 23, 2015—twenty days after the petition was filed—was the requirement for counsel for the Sheriff, rather than counsel for the State, established. [14] Moreover … The statutory requirements for appointing special deputies clearly indicate *1060 that a sheriff may not appoint as a special deputy sheriff an individual that has previously committed a felony or misdemeanor indicative of

Thompson v. State

966 N.E.2d 112 · Indiana Court of Appeals · Mar 29, 2012

Thus, we reverse only where the trial court’s decision is clearly erroneous. Id. … Thompson concedes that the evidence establishes that he was present in 4210 Carrollton.

Kennedy v. Wood

439 N.E.2d 1367 · Indiana Court of Appeals · Sep 29, 1982

The direction of this statute and its purpose have been clearly stated by Justice DeBruler in Thompson v. … The tests shall be performed by a qualified expert approved by the court, and the results of the tests may be received in evidence. 18 . Under Conn.Gen.Stat.