Case law

PLAN COM'N FOR FLOYD COUNTY, IND. v. Klein

765 N.E.2d 632 · Indiana Court of Appeals · Mar 27, 2002

The ordinance must contain specific standards by which the plan commission can determine whether the plat qualifies for approval. IND.CODE § 36-7-4-702(b). … We will reverse the Commission's decision only if the evidence, viewed as a whole, demonstrates that the Commission's conclusions are clearly erroneous. Id.

Gregory Young v. Nicole Young

Indiana Court of Appeals · Mar 5, 2012

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Mar 05 2012, 9:37 am court except for the purpose of establishing … A trial court has wide discretion in awarding attorney’s fees, and we will reverse such an award only if the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court.

James E. Rogers v. State of Indiana

60 N.E.3d 256 · Indiana Court of Appeals · Jul 6, 2016

An abuse of discretion will not be found unless the decision is clearly against the logic and effect of the facts and circumstances. Howard v. Dravet, 813 N.E.2d 1217, 1221 (Ind. Ct. App. 2004). … That is, even if Wallace is a qualified social worker within the counselor/client privilege (which Rogers argues she is not because she is not a licensed social worker), the information sought is not

Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc.

Indiana Court of Appeals · May 9, 2012

I believe a rereading of that response will demonstrate that the assumptions utilized and the hypothetical calculation are clearly set forth. … With the interrogatories a CD was produced and referenced which I think fairly qualifies as “attached or documents previously produced.” In this case, “attached.”

Clay City Consolidated School Corp. v. Timberman

896 N.E.2d 1229 · Indiana Court of Appeals · Dec 2, 2008

However, it is well established that: “[a]t a minimum, proximate cause requires that the injury would not have occurred but for the defendant’s conduct.” Paragon Family Rest v. … However, the Appellant’s Appendix contains an Order on remittitur clearly dated January 14, 2008, but no Order on any motion to correct errors. (Appellant’s App. p. 12).

Joshua C. Johnson v. State of Indiana

Indiana Court of Appeals · Oct 24, 2012

Appeal Brief at 14. 5 where the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court or it misinterprets … We conclude this sufficiently demonstrates Nurse Robison is “qualified as an expert by knowledge, skill, experience, training, or education.” Id.

In the Matter of: K.D., a Child in Need of Services, S.D. (Mother) and Ke.D. (Father) v. Ind. Dept. of Child Services (mem. dec.)

Indiana Court of Appeals · May 24, 2016

Conger an experienced, qualified, and credible guardian ad litem. 33. Ms. … We reverse only upon a showing that the decision of the [juvenile] court was clearly erroneous. Id.

Perry v. State

956 N.E.2d 41 · Indiana Court of Appeals · Aug 22, 2011

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony or affidavit of the custodian or other qualified … The circumstances in which an encounter occurs — e.g., at or near the scene of the crime versus at a police station, during an ongoing emergency or afterwards — are clearly matters of objective fact.

Robert W. Evans v. State of Indiana

Indiana Court of Appeals · May 1, 2014

An abuse of discretion occurs where the decision is clearly against the logic and effect of the circumstances. Id. … Evidence Rule 702 provides that: (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

In Re EI

653 N.E.2d 503 · Indiana Court of Appeals · Jul 21, 1995

Appellants argue that the guardian ad litem failed to establish the requisite elements for joinder of parties pursuant to T.R. 19(A)(1). … The scheme clearly reflects a legislative determination that CHINS cases are best handled at the county level on a county-by-county basis.

Patrick M. Elliott v. State of Indiana

Indiana Court of Appeals · Jul 17, 2020

[27] Not all statements are protected, only those that qualify under the statute. … Court of Appeals of Indiana | Opinion 19A-CR-2498 | July 17, 2020 Page 26 of 31 [44] To assess whether a sentence is inappropriate, we look first to the statutory range established for the class of the

Wildwood Park Community Ass'n v. Fort Wayne City Plan Commission

182 Ind. App. 578 · Indiana Court of Appeals · Oct 25, 1979

Hence, the Commission concludes that its grant of the permit merely amounted to the approval of a development plan for a commercial enterprise, an act clearly within the purview of its powers established in subsection eight … The Stout decision did not hold that a person's status as an adjoining or surrounding landowner was, in and of itself, sufficient to qualify him as an aggrieved party.

Blake Layman v. State of Indiana Levi Sparks v. State of Indiana

17 N.E.3d 957 · Indiana Court of Appeals · Sep 12, 2014

adult-court jurisdiction over their offenses, is unconstitutional on its face and as applied, violates their right to equal protection under the Fourteenth Amendment to the United States Constitution and the Privileges and Immunities … In both Palmer and Jenkins, the Court concluded that the defendants’ conduct clearly raised the foreseeable possibility that the intended victim might resist or that law enforcement would respond and thereby created a risk

Donald Worth v. State of Indiana

Indiana Court of Appeals · Oct 2, 2014

Indeed, alternate jurors are presumed to be fair and equally qualified to the task. French v. State, 521 N.E.2d 346, 349 (Ind. 1988). … In fact, the trial court remarked that I know the juror you speak of, who was voir dired and she was clearly not a strike for cause.

Diyon Evans v. State of Indiana

Indiana Court of Appeals · Jan 11, 2012

The trial court, however, made no such admonishment because, following argument during jury instructions, the trial court determined that A.K.’s statements to her sister qualified as excited utterances and an exception … In addition to the above, the State established that Evans was the only male to enter A.K.’s room and close the door that day. Id. at 67-68.

J.A.W. v. Roberts

627 N.E.2d 802 · Indiana Court of Appeals · Jan 13, 1994

In determining whether a duty exists in a negligence action based on misfeasance, clearly, the proper balancing test to use is found in Webb v. … In terms of the relationship between the parties and insofar as it bears upon the establishment of a duty, it suffices to say that some relationship must exist.

King of Clean Automotive, LLC v. New Truck Alternative, LLC.

Indiana Court of Appeals · Jun 19, 2013

Appellate Rule 65(D), this Jun 19 2013, 7:06 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral … Brown disagreed with his partner, stating that “its size did not qualify it for a $115 detail” and that “[a]nybody that nominally would think that $115 was a fair price would just be out of their mind.” Tr. p. 225.

Michael and Mary Poore, Individually and on Behalf of J.P. v. Indianapolis Public Schools and its Board of Education

Indiana Court of Appeals · Sep 9, 2020

[6] While attending a school fair in November 2014, the Poores received a brochure for Shortridge that listed the “Butler Early College Program Experience,” which allowed qualified juniors and seniors to … The trial court abuses its discretion only when its action is clearly erroneous and against the logic and effect of the facts and circumstances. Id.

Andrew Lee Watts v. State of Indiana

Indiana Court of Appeals · Nov 21, 2013

Indeed, the court stated, “You’re vacillating too much and you’re qualifying too much for me to believe it’s voluntary.” Id. at 328. … We agree with Watts that the State’s amendment of his charge from a class B felony to a class A felony is clearly an amendment of substance.

The Estate of Gary Pfafman v. Lori Lancaster, Individually, and as Guardian of the Estate of Kole Craig

Indiana Court of Appeals · Jan 18, 2017

The instruction booklets for the de-icers stated in relevant part that, when installing the de-icers, “a qualified electrician [shall] install a properly grounded receptacle outlet” to the heater. … The crux of the issue on appeal is whether the jury’s verdict is clearly erroneous as contrary to or not supported by the evidence.