Case law

Jones v. Housing Authority of the City of South Bend

915 N.E.2d 490 · Indiana Court of Appeals · Oct 23, 2009

A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made." Id. at 1228 . … To establish a prima facie claim of discrimination under the Rehabilitation *495 Act and Title II of the ADA, Jones must show: (1) he is disabled as defined by the act; (2) he is otherwise qualified for participation or the

In Re the Marriage of Preston

704 N.E.2d 1093 · Indiana Court of Appeals · Jan 29, 1999

We will not set aside the findings or judgment unless clearly erroneous. Id. Findings are clearly erroneous when the record contains no facts to support them either directly or by inference. Quillen v. … Section 411 establishes the vesting requirements for pensions governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). Homer H.

State Ex Rel. Katherine Hamilton Mental Health Center, Inc. v. Clay County

474 N.E.2d 127 · Indiana Court of Appeals · Feb 14, 1985

Thus, the issue is whether CCARC and/or CARS qualifies as a community mental health center. … However, the statute clearly states that the Department shall approve the budget after "review of the participating county councils".

Thompson v. Modernfold Industries

175 Ind. App. 686 · Indiana Court of Appeals · Mar 22, 1978

Furthermore, he is often chosen for his expertise in the area of a particular dispute and should be better qualified to offer a solution than a judge. … The rule does not apply, however, where the contract clearly shows that the parties did not intend to make the grievance and arbitration procedure the exclusive remedy. *691 The Supreme Court has established three exceptions

Simon v. Simon

957 N.E.2d 980 · Indiana Court of Appeals · Nov 17, 2011

On January 25, SPG filed a complaint for declaratory judgment against Bren, in which SPG sought a judicial declaration that the Estate Dispute qualified as a lien (“the Trust Dispute”). … For the[se] reasons and others, Deborah Simon has clearly and convincingly met her burden on the pending petitions. Id. at 790-91.

Evans v. Yankeetown Dock Corp.

481 N.E.2d 121 · Indiana Court of Appeals · Jul 29, 1985

Procedurally, "[the party seeking the summary judgment has the burden of establishing that there are no material facts in controversy and any doubt will be resolved against the moving party. … Once its jurisdiction is established, the Industrial Board then determines whether such injury or death arose out of and in the course of employment.

Kmk v. Ak

908 N.E.2d 658 · Indiana Court of Appeals · Jun 30, 2009

Price, a licensed Indiana attorney, was hired by Father to *661 assist him in establishing paternity and gaining legal custody of A.M.K. … Price attached a proposed order establishing paternity and granting Father temporary custody pursuant to the paternity petition.

Stone v. DAVIESS CTY. DIV. CHILD SERV.

656 N.E.2d 824 · Indiana Court of Appeals · Oct 17, 1995

We will not set aside the findings and judgment of the trial court unless clearly erroneous. Matter of Y.D.R. (1991), Ind. … s deposition testimony renders the trial court's judgment clearly erroneous. Therefore, we find no error. The judgment of the trial court is affirmed. SHARPNACK, C.J., and BARTEAU, J., concur.

Burks v. Bolerjack

78 Ind. Dec. 541 · Indiana Court of Appeals · Sep 30, 1980

Instead, the facts which might be proved thereunder would be material to establishing the probable cause element of either false imprisonment, Mitchell v. Drake (1977), Ind. … Powell (1979), Ind., 393 N.E.2d 190 , clearly delineated the rationale for transfer being granted: "When acts and conduct of the defendant or his agents have established that the purposes of the statute have been satisfied

Metropolitan Development Commission v. Hair

505 N.E.2d 116 · Indiana Court of Appeals · Mar 23, 1987

Did the trial court err in determining that the properties qualified for the nonconforming use exception to the zoning restrictions? … An abuse of discretion will be found only if the trial court's decision is clearly against logic, and the trial court's findings of fact will be disturbed only if they are clearly erroneous. Id.

Mathews Farmers Mutual Live Stock Insurance v. Moore

58 Ind. App. 240 · Indiana Court of Appeals · Mar 10, 1915

The opinion clearly indicates that had the reckoning been from a day or date, the first day would have been excluded instead of included. … The court held that, with no evidence before it other than -the commission, it was plain that the justiee might have qualified on the 17th and exercised the functions of his office on that day, and for that reason it was

Roll v. Roll

128 Ind. App. 360 · Indiana Court of Appeals · Dec 19, 1957

Taking these questions up in the order of their presentation we first inquire as to the binding effect, under the established rules of res adjudicata, of the decree of the Lake Superior Court, heretofore set out in full, … It indicates quite clearly that the proceeding upon which it was based was a petition brought by Lucy Roll for the primary purpose of removing Helen Roll as administratrix of the estate of J. L.

Mansfield v. McSHURLEY

911 N.E.2d 581 · Indiana Court of Appeals · May 28, 2009

A timely hearing could not be held because the contestor's motion for change of judge was granted and the new judge did not qualify in time to conduct a hearing within the statutory period. … Pabey and Arredondo do not establish exceptions to the fourteen-day jurisdiectional requirement in the election contest statute, as both dealt with the question whether a trial court's failure to hold a hearing within the

M.R. v. State

605 N.E.2d 204 · Indiana Court of Appeals · Dec 28, 1992

He admitted his guilt as to each act of delinquency charged, and then gave testimony establishing his guilt as to each. … Clearly, she had no interest adverse to M.R. at the time. She was a loving parent, obviously concerned about her son and his future.

Besing Et Al. v. Ohio Valley Coal Company

155 Ind. App. 527 · Indiana Court of Appeals · Mar 19, 1973

We do not find this language to clearly establish the intent of the parties or to be curative of the heretofore discussed ambiguity. … In the instant case there was not a grant of all minerals without qualifying language, but rather a grant of “other minerals” as qualified by the words “oil, gas, and” immediately preceding “other minerals”.

Prior v. GTE North Inc.

681 N.E.2d 768 · Indiana Court of Appeals · Jun 30, 1997

Based on the IURC's enabling statute, the IURC had the authority to establish rules necessary to ensure that GTE was providing constant, reliable and efficient service. … Immunities and limitations on liability may make good economics, but good economics do not necessarily make good law.

In the Matter of A.G. (Minor Child), Child in Need of Services, J.L. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 29, 2020

not be FILED regarded as precedent or cited before any May 29 2020, 9:37 am court except for the purpose of establishing … Jones replied “[h]ospitalization or death,” “[c]hildren especially with a vulnerable immune system and things of that nature, hospitalizations and need for IV antibiotics are very, very high,” and “I recently

Indiana State Highway Commission v. Rickert

412 N.E.2d 269 · Indiana Court of Appeals · Nov 13, 1980

Not having obtained a permit the Commission clearly violated,the act. … That exhibit clearly states that plaintiff’s application was refused without a consideration of the proposed sublessee’s qualifications but on the ground that it was the long-established policy of the building to deny such

Tikidanke Bah v. Mac's Convenience Stores, LLC d/b/a Circle K and David Ruffin

37 N.E.3d 539 · Indiana Court of Appeals · Jun 30, 2015

The qualified privilege defense to defamation has also been applied to claims of false imprisonment, negligence, and intentional infliction of emotional distress. Brown v. … We likewise reject Appellees’ argument that they are entitled to summary judgment on Bah’s false imprisonment claim based on statutory immunity for store owners and agents. Cf.

Jeffery A. Hmurovic, Sr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jul 27, 2017

Your character, clearly dishonest and manipulative. … It was Hmurovic’s burden to establish that the mitigating evidence was both significant and clearly supported by the record. Id. at 493.