Case law

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor

Indiana Court of Appeals · Sep 8, 2014

As applicable, the Commission shall allow an eligible business to recover: (1) the costs associated with qualified utility system property; and (2) qualified utility system expenses. I.C. § 8-1-8.8-12(d). … As to the financial impact, Intervenors cite to Douglas’s testimony establishing the financing costs during the IGCC-9 period.

Keith D. Harper v. S&H Leasing LLC

Indiana Court of Appeals · Apr 24, 2025

We must therefore hold that the court’s judgment that Harper had committed conversion was clearly erroneous. … action under the operating agreements in effect at the time, it is clear that the court determined that Harper’s act of transferring a substantial amount of money from the LLCs for his personal use did not qualify

Henry McMullen v. State of Indiana

Indiana Court of Appeals · Aug 14, 2013

Pursuant to Ind.Appellate Rule 65(D), Aug 14 2013, 5:42 am this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of … “To qualify as fundamental error, an error must be so prejudicial to the rights of the defendant as to make a fair trial impossible.” Rowe v. State, 867 N.E.2d 262, 266 (Ind. Ct. App. 2007).

GMAC Mortgage, LLC v. Ronald Glenn Dyer

Indiana Court of Appeals · Apr 5, 2012

All facts established by the designated evidence, and all reasonable inferences from them, are to be construed in favor of the nonmoving party. Naugle v. … This type of agreement clearly provides that the borrower cannot be pursued for deficiency judgments.

Indiana Civil Rights Commission v. Wellington Village Apartments

594 N.E.2d 518 · Indiana Court of Appeals · Jul 2, 1992

Clearly, this provided Jaenicke, a white, a better opportunity to rent an apartment at Wellington than Johnson, a black, particularly considering the first come, first served practice. 29. … They are, therefore, conclusively established. TR. 36(B). 3 Jaenicke thought she'd said H-17.

Christopher Wertz v. State of Indiana

41 N.E.3d 276 · Indiana Court of Appeals · Jul 7, 2015

Di Re, 332 U.S. 581, 587 (1948) (holding that a person, by mere presence in a suspected vehicle, does not lose immunities from search of his person to which he would otherwise be entitled). … [40] Further, although Knotts may be relevant to the extent its legal reasoning could be transferred to this case, the type of search conducted in that case is clearly 9 At oral argument, the

Cummings v. Hoosier Marine Properties, Inc.

173 Ind. App. 372 · Indiana Court of Appeals · Jun 23, 1977

Where all or some of the issues in a case tried before a jury or an advisory jury are not supported by sufficient evidence or a verdict thereon is clearly erroneous as contrary to the evidence because the evidence is insufficient … In this context appellants argue that Hoosier Marine is directly liable for the deaths of the victims of the trench cave-in and that it cannot avail itself of an owner immunity based on the purported independent contractor

Bobby Wine v. State of Indiana

Indiana Court of Appeals · Feb 20, 2014

I have ruled that the jury will not, under any circumstances, hear anything about what you believe to be a deal offered by the State to either be immune from prosecution or to have … His actions were clearly motivated to undermine these proceedings and to attempt to cause a mistrial. App. pp. 4-5 (footnote omitted).

Liter's of Indiana, Inc. v. Earl E. Bennett and Daniel L. Bodine

51 N.E.3d 285 · Indiana Court of Appeals · Feb 5, 2016

Liter’s defense was that it put up the fence to establish the property line between the two properties. … The proponent of the expert testimony has the burden of establishing the foundation and reliability of the scientific principles on which the testimony is based. Hannan v.

Hinds v. McNair

413 N.E.2d 586 · Indiana Court of Appeals · Dec 1, 1980

Norma McNair, Xen McNair, Sr.’s wife at the time of his death, who qualified as executrix of his estate in Florida and Indiana, and who was substituted for Xen McNair, Sr., as a party defendant in the present litigation after … The terms of the trust as originally recited by McNair, Sr. clearly do not include a power of revocation.

Craig Sampson v. State of Indiana

Indiana Court of Appeals · Aug 18, 2014

An abuse of discretion occurs where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it. … Wood “has been qualified with her specialized training and knowledge,” and the trial court overruled defense counsel’s objections.

William L. Koss v. Karen J. Koss (mem. dec.)

Indiana Court of Appeals · Sep 28, 2017

[40] Wife’s expert admitted that he did not appraise the company’s inventory because he is not a qualified appraiser. … Conclusion [55] The record clearly establishes that Husband was a consistently recalcitrant, untruthful and devious litigant throughout two years of the dissolution proceedings.

Heller v. Dailey

28 Ind. App. 555 · Indiana Court of Appeals · Apr 2, 1902

proprietorship thereof the absolute owner of the oil and gas in and under it, in its free and natural state, not yet reduced to actual control of any person, but he together with the other owners of land in the gas field has a qualified … It is not shown clearly and unquestionably in any of these paragraphs that the assignee was expressly or impliedly anything more than an assignee of the lessees, recognized and treated as such by the appellant, or that there

Shell Oil Co. v. Meyer

684 N.E.2d 504 · Indiana Court of Appeals · Aug 19, 1997

A- judgment is clearly erroneous if not supported by the conclusions of law. Conclusions of law are clearly erroneous if unsupported by the findings of fact. Hvidston v. Eastridge, 591 N.E.2d 566, 568 (Ind.Ct.App.1992). … A petroleum release is not affected by CERCLA, because .petroleum does not qualify as a “hazardous substance” under CERCLA.

Nature's Link, Inc. v. Przybyla

885 N.E.2d 709 · Indiana Court of Appeals · May 7, 2008

Weidenbener, he qualified his statement by adding that most if not all of the permanent impairment rating should be attributed to his pre-existing degenerative disk disease. … Lorber added that “he has a genetic problem that leads to premature degeneration in his spine ... so it’s a genetic predisposition to back problems that he has, and it’s manifested [ ] clearly.” (Tr. p. 611-12).

Joseph Lee Young v. State of Indiana

Indiana Court of Appeals · Oct 4, 2024

On June 16, 2023, the State filed an information alleging Young qualified for a habitual offender sentence enhancement. … Our standard of review regarding chain-of- custody claims is well-settled: An adequate foundation establishing a continuous chain of custody is established if the State accounts for

City of Crown Point v. Misty Woods Properties, LLC

864 N.E.2d 1069 · Indiana Court of Appeals · Apr 18, 2007

Further, the City’s Counter Motion fails to meet its burden regarding its purported defenses of estoppel, waiver, immunity, or lack of the Tort Claim Notice as to the declaratory judgment action. … However, the zoning ordinance may establish a stricter standard than the “practical difficulties” standard prescribed by this subdivision. Ind.Code § 36-7-4-918.5(a).

Whitley County Teachers Ass'n v. Bauer

718 N.E.2d 1181 · Indiana Court of Appeals · Nov 5, 1999

In an effort to comply with the requirements of the Hudson decision, WCTA established certain procedures. … Additionally, the nonmember teachers contend that it is a mandatory requirement under Hudson that the WCTA establish an escrow account to maintain disputed fees and that the failure of WCTA to establish such an escrow account

Melissa S. Johnson Mabie v. State of Indiana

Indiana Court of Appeals · Sep 10, 2014

Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before Sep 10 2014, 9:06 am any court except for the purpose of establishing … The court further authorized Mabie’s participation in work release “as long as she remains qualified.” Id.

In the Matter of the Termination of the Parent-Child Relationship of: D.R., Minor Child, and A.R., Father v. The Indiana Department of Child Services

Indiana Court of Appeals · Jul 11, 2014

“Findings are clearly erroneous only when the record contains no facts to support them either directly or by inference.” Quillen v. Quillen, 671 N.E.2d 98, 102 (Ind. 1996). … Father described employment for which he is clearly not qualified and unlikely accomplishments such as designing bridges as a civil engineer, designing and building multi-million dollar homes, and being