Case law

Matthew Longest, by Robert Longest v. Lisa M. Sledge, a minor and Roger Brown and Donna Sledge, a/k/a Donna Seldge Brown (mem. dec.)

Indiana Court of Appeals · Sep 30, 2015

Appellate Rule 65(D), Sep 30 2015, 9:51 am this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing … Findings are clearly erroneous only when they have no factual support in the record, and judgment is clearly erroneous if it applies the wrong legal standard to properly found facts.

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

Davis v. Pyle

District Court, N.D. Indiana · Nov 19, 2019

Finally, she asserts that summary judgment is appropriate because she is entitled to qualified immunity. … immunity.

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.

Best v. Gary Community School Corporation

District Court, N.D. Indiana · Aug 9, 2024

Defendant Morikis argues that he is entitled to qualified immunity because there is no “clearly established constitutional right” which he is alleged to have violated. … Plaintiff argues that there is no qualified immunity because her rights are clearly established.

Matter of Evrard

263 Ind. 435 · Indiana Supreme Court · Sep 5, 1975

The respondent made several public statements and commitments to run for office, which clearly were an expression of an intent to establish a residence in Tell City at the home of his parents. … The steps which they took were sufficient to establish a residence at the home of his parents and to qualify them to register, declare candidacy, and vote in the Primary Election.

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

City of Evansville v. State ex rel. Blend

118 Ind. 426 · Indiana Supreme Court · Apr 24, 1889

Are the commissioners composing the metropolitan police and fire board officers who require commissions from the Governor to authorize them to qualify and enter upon the duties of their offices ? 5. … To the first class privileges and immunities are granted, which, upon the same terms, do not equally belong to the second class.

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.

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.

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.

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”.

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.

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

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.

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.

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

Damon Corp. v. Indiana State Board of Tax Commissioners

738 N.E.2d 1102 · Indiana Tax Court · Nov 13, 2000

The plain language of I.C. § 6-1.1-9-4 clearly mandates that both subsections (a) and (b) apply only to assessments or increased assessments made under Chapter 9, which governs the assessment of omitted or undervalued tangible … Therefore, a prima fa-cie case has not been established that, based upon the difference between these numbers, obsolescence is present. B.

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

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.