Case law

Burns-Kish Funeral Homes, Inc. v. Kish Funeral Homes, LLC

889 N.E.2d 15 · Indiana Court of Appeals · Jun 25, 2008

Id: We will reverse the trial court’s judgment only when it is clearly erroneous. Id. Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. Id. … Nevertheless, Plaintiffs argue that even if Isard was not qualified as an expert witness under Evidence Rule 702, he was qualified as a skilled witness under Evidence Rule 701.

Howard Regional Health System v. Gordon Ex Rel. Gordon

925 N.E.2d 453 · Indiana Court of Appeals · Apr 16, 2010

such as the maintenance of reasonably safe premises are within the common knowledge and experience of the average person, and thus the health care providers who make up the medical review panel under the Act are no more qualified … This explicit statutory reference to immunity "From civil liability" indicates the legislature must have intended there was already "civil liability" from which a provider might sometimes be entitled to "immunity." 4 .

Goldie Crews v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Nov 6, 2019

[4] We review a trial court’s ruling on a motion to dismiss a charging information for an abuse of discretion, which only occurs if a trial court’s decision is clearly against the logic and effect of the … (6) The defendant has immunity with respect to the offense charged. (7) The prosecution is barred by reason of a previous prosecution.

Jay Classroom Teachers Association v. Jay School Corporation and Indiana Education Employment Relation Board

45 N.E.3d 1217 · Indiana Court of Appeals · Nov 13, 2015

Furthermore it was not unreasonable for the Superintendent to have the authority—whether bargained or as a result of the LBO process—“to hire qualified employees and have the flexibility to offer attractive … that is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

Asher B. Hill v. Frank Littlejohn, Robbie Marshall, Christopher Nicholson, Linda VanNatta, Adam Davis, and Wade Collins (mem. dec.)

Indiana Court of Appeals · Jul 25, 2018

Defendants in their official and individual capacities under 42 U.S.C. § 1983 (“Section 1983”), alleging that they “violated the Eighth Amendment by their deliberate indifference to [his] safety and acted clearly … immunity, among other things.

In the Matter of the Termination of the Parent-Child Relationship of T.L. & C.S. (Children) and M.L. (Mother) M.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 6, 2017

precedent or cited before any Indiana Supreme Court Court of Appeals court except for the purpose of establishing … In order for this court to overturn a trial court ruling based on fundamental error, the error must have been ‘a clearly blatant violation of basic and elementary principles, and the harm or

Losiniecki v. American States Insurance Co.

610 N.E.2d 878 · Indiana Court of Appeals · Mar 22, 1993

However, Losiniecki fails to establish that he is legally entitled to recover damages from Officer Coan. … Nevertheless, the insurance policy issued by American was attached to American's motion for summary judgment and it was clearly considered by the trial court in granting the summary judgment.

Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, Kentucky, Inc. v. Members of the Medical Licensing Board of Indiana

Indiana Court of Appeals · Aug 11, 2025

Article 1, Section 1 expressly protects an “inalienable” right to “life,” which was a firmly established right long before Indiana became a state. … These include but were not limited to diabetes (gestational and preexisting), kidney disease, cancer, cardiovascular disease, molar pregnancy, auto-immune disorders, and obstructive sleep apnea.

R.R.F. v. L.L.F.

935 N.E.2d 243 · Indiana Court of Appeals · Oct 8, 2010

In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction. … In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction.

Indiana Wholesale Wine & Liquor Co. v. State Ex Rel. Indiana Alcoholic Beverage Commission

662 N.E.2d 950 · Indiana Court of Appeals · Feb 27, 1996

We do not question the legitimacy of Indiana's interest in ensuring that alcoholic beverage permit holders are properly "qualified" to hold those permits. … North Dakota dealt with challenges based upon intergovernmental immunity and preemption, as opposed to the Commerce Clause.

In Re Estate of Hammar

832 N.E.2d 1065 · Indiana Court of Appeals · Aug 17, 2005

The difference is that Margaret filed her petition first and was deemed qualified by the trial court in its Order of appointment. … Rather, we determined that the person chosen must also be qualified under the statute. Id.

Allen County Council v. Stellhorn

729 N.E.2d 608 · Indiana Court of Appeals · Jun 13, 2000

Pursuant to the statute, if a qualified county elected to impose the tax, the county treasurer was required to establish a “coliseum expansion fund” and to deposit all funds received from the tax in that fund upon receipt … The issue clearly depends upon the necessary impact of the 1986 amendments to the Allen County Food and Beverage Tax statute. *612 We find two principles are controlling.

Rihl v. State

413 N.E.2d 1046 · Indiana Court of Appeals · Dec 30, 1980

The Record here clearly shows disclosure would have been neither relevant nor essential to Rihl’s defense. Rihl’s reliance upon Glover v. State, supra, is misplaced. … Rihl claims he entered into an agreement with the arresting officers which granted immunity from prosecution for these charges.

Nagy Ex Rel. Nagy v. Evansville-Vanderburgh School Corp.

870 N.E.2d 12 · Indiana Court of Appeals · Jul 13, 2007

The EVSC may not charge this fee to any student who qualifies for the free reduced school lunches and/or textbook programs. … Only those students who voluntarily avail themselves of a fee-qualifying activity, service or participated in a fee-qualifying program or activity may be charged a reasonable fee.

Smith v. City of South Bend

73 Ind. Dec. 812 · Indiana Court of Appeals · Feb 4, 1980

Retirees assail the findings of fact and conclusions of law as being clearly erroneous. … As noted earlier, the findings of fact and judgment of the trial court were not clearly erroneous.

Lacey v. State

670 N.E.2d 1299 · Indiana Court of Appeals · Aug 21, 1996

Therefore, Lacey has failed to establish the second prong of his claim and the assertion of ineffective counsel must fail. … It is well established that a trial court has wide discretion in determining the admissibility of photographic evidence. Butler v.

Brian Vukadinovich v. Kallie Lolkema and Donald Webb (mem. dec.)

Indiana Court of Appeals · Nov 17, 2020

He argues that the evidence clearly established Lolkema’s fault and liability. … However, Lolkema’s attorney’s address is not clearly visible on the copies of the qualified settlement offer included in the record.

Keybank National Ass'n v. NBD Bank

699 N.E.2d 322 · Indiana Court of Appeals · Sep 18, 1998

Whether the trial court’s determination that Keybank’s mortgage was a nullity was clearly erroneous. II. … Findings of fact are clearly erroneous only when the record lacks any evidence to support them. Id.

Benefield v. State

945 N.E.2d 791 · Indiana Court of Appeals · Apr 14, 2011

Case Summary and Issues Gloria Benefield presented a document at a job interview showing that she was certified as a Qualified Medication Aide (“QMA”). It was later discovered that she was not QMA certified. … Specifically, Benefield applied for a position as a Qualified Medication Aide (“QMA”), for which one needs certification from the Indiana Department of Health.

Bailey N. Blueher v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 29, 2017

During the hearing, the trial court received a report that Blueher did not qualify for community placement. … We therefore will only reverse if the trial court decision is clearly against the logic and effect of the facts and circumstances. Id.