Case law

In Re the Adoption of E.A., M.A. v. D.B.

43 N.E.3d 592 · Indiana Court of Appeals · Sep 2, 2015

Finally, the evidence clearly and convincingly establishes that [Appellant] was at the time of the filing of the petition and at the time of the hearing unfit to be a parent and it is in the best interests … App. 1986), this court addressed the level of communication necessary to qualify as significant for the purposes of Ind.

Laporte Carriage Co. v. Sullender

165 Ind. 290 · Indiana Supreme Court · Oct 6, 1905

Section 7087b, supra, declares that “Uo child under fourteen years of age shall be employed in any manufacturing or mercantile establishment,” etc. … question is of such a character that it can not be properly guarded, can not be said to be a matter of defense to be proved by appellant; for, as previously said, a party who relies upon a statute must bring himself fully and clearly

Marriage of Roberts v. Roberts

670 N.E.2d 72 · Indiana Court of Appeals · Aug 28, 1996

Therefore, while Indiana does not permit a degree to be included as marital property, and further will not allow an award of future earnings unless the spouse qualifies for maintenance, nevertheless the earning ability of … Reversal is appropriate only where the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court.

Kokenes v. State

213 Ind. 476 · Indiana Supreme Court · Mar 10, 1938

If the robbery be established, but it is not proven that he was armed, there should be a conviction for robbery. … , or partial immunity, or reward, it cannot be doubted that confessions procured after physical violence, and torture, and a threat of further mistreatment, are more unreliable.

City of Fort Wayne v. Pierce Manufacturing, Inc.

853 N.E.2d 508 · Indiana Court of Appeals · Sep 5, 2006

The exception, with respect to either public or private contracts, is if the losing bidder can establish fraud, collusion, "or other illegal procedures” in the award of the contract. Id. … Scott County, 526 N.E.2d 1193 (Ind.Ct.App.1988): We start from the premise that there can be no protected property interest in adherence to established procedure....

Clifft v. Indiana Department of State Revenue

660 N.E.2d 310 · Indiana Supreme Court · Dec 27, 1995

In such a case, the findings of the Tax Court are clearly erroneous and are thus reversible. Indiana Dept of State Rev. v. Bethlehem Steel Corp. (1994), 639 N.E.2d 264 . III. … Because our conclusion is identical to that of the Tax Court, we summarily affirm its opinion on the immunity issue. Ind.Appellate Rules 11(B)B) & 18(H)(@2). V.

Tom Seeber v. General Fire and Casualty Company, Indiana Insurance Company, and Peerless Indemnity Insurance Company

19 N.E.3d 402 · Indiana Court of Appeals · Oct 29, 2014

If an old building burns to the ground, the actual value is commonly established by reference to its fair market value less the value of the land on which the building sits. … This language is not ambiguous as it clearly states that, with respect to a claim for replacement cost coverage, the Insurance Companies will pay the least of the cost to replace the property with other property of comparable

Stauffer v. Martin

43 Ind. App. 675 · Indiana Court of Appeals · May 21, 1909

Witness would have been competent to testify to the fact that the entries and statements in the book were in her father’s handwriting, if she was otherwise qualified so to speak; but she was not competent to testify that … information about which she proposed to testify is not shown by the record; and since it is a rule, made so by statute, that she was incompetent and her ability to testify on some matters being an exception, the record should clearly

Timmy T. Zieman v. State of Indiana

990 N.E.2d 53 · Indiana Court of Appeals · Jun 25, 2013

Accordingly, the PC court clearly erred in finding that trial counsel did not provide ineffective assistance, and we reverse the denial of Zieman’s PCR petition. … The appellate court must accept the post-conviction court’s findings of fact and may reverse only if the findings are clearly erroneous.

Baker v. American Metal Climax, Inc.

168 Ind. App. 445 · Indiana Court of Appeals · Mar 16, 1976

To be authorized to do this, AMAX must, in the context of IC 1971, 8-4-10-8, supra, establish first that it qualifies under the criteria of IC 1971, 8-4-10-1, supra, to construct a lateral railroad at all. … As previously noted, the evidence presented before the Vigo Circuit Court in the proceedings below clearly established all these criteria.

Office of Utility Consumer Counselor v. Citizens Telephone Corp.

681 N.E.2d 252 · Indiana Court of Appeals · Jun 30, 1997

The IURC’s order after the July conference set filing deadlines and established a test year “to be used in determining [Citizens’] actual pro forma operating revenues, expenses, and operating income under the present and … The standard authorizes this Court to set aside the IURC’s findings of fact only when review of the record, as a whole, clearly indicates the agency’s decision does not rest on a reasonably sound base of evidentiary support

Fridono v. Chuman

747 N.E.2d 610 · Indiana Court of Appeals · May 3, 2001

We review only for an abuse of discretion and reverse only when the decision is clearly against the logic and effect of the facts and cireumstances." Ledbetter v. … The fact that other methods existed or that another doctor would have used a different treatment method does not establish malpractice.

GARY TEACH. U., LOC. NO. 4, AFT v. School

332 N.E.2d 256 · Indiana Court of Appeals · Aug 12, 1975

The grievance procedure clearly preserves the teacher's right to proceed through the Stage 4 meeting with the school board. … Since the legislative policy underlying the Tenure Act is not offended by Article X of the collective bargaining agreement, the General School Powers Act clearly authorizes the School City to contractually establish minimum

Rumple v. Bloomington Hospital

422 N.E.2d 1309 · Indiana Court of Appeals · Jul 13, 1981

Hammer’s services is clearly erroneous. … Rumple has made no showing that this finding was clearly erroneous.

Laffin v. Sullivan

759 F. Supp. 479 · District Court, S.D. Indiana · Nov 29, 1990

To establish disability based on an organic mental disorder, the plaintiff must meet the following requirements: A. … Laffin’s afflictions and determined that each one separately did not qualify as a disability based on criteria in the Secretary’s listing.

Lewis v. State

535 N.E.2d 556 · Indiana Court of Appeals · Mar 20, 1989

The State's evidence fails to establish that ultimate fact because it is an inference deducible only from another inference. … When two or more words are grouped together, the general words will be qualified and limited by the special words. Lincoln National Bank v. Review Board of Indiana (1983), Ind.App., 446 N.E.2d 1337, 1339 .

Daurer v. Mallon

597 N.E.2d 334 · Indiana Court of Appeals · Aug 10, 1992

The court clearly adjudicated the dismissal of Keller from the case, and as the dismissal leaves nothing for the court to resolve with respect to Keller, the court's judgment was a final one. See Hudgins v. … Contrary to Daurer's claim, the affiants had personal knowledge of the fee matters to which they attested in their affidavits, and they were qualified to testify as to those *337 matters. See Lee v.

State v. Price

724 N.E.2d 670 · Indiana Court of Appeals · Feb 29, 2000

The State bears the burden of establishing, in the totality of the circumstances, that an intrusion was reasonable. Baldwin, 715 N.E.2d at 337 . … This provision, denominated in our constitution as the “equal privileges clause,” provides that “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same

State Board of Tax Commissioners v. Montgomery

730 N.E.2d 680 · Indiana Supreme Court · Jun 27, 2000

The Act provides for the establishment of an HCI fund in each county. Each county fund’s balance is transferred monthly to a state fund. … The reasons for requiring a party to seek administrative remedies are well established.

Amos v. Vigo County Council

240 F. Supp. 3d 937 · District Court, S.D. Indiana · Mar 8, 2017

Coroner is qualified as a pathologist and has agreed to perform autopsies without an additional charge , to Vigo County. [Filing No. 35-10 at 3.] … The Court’s Practices and Procedures clearly set forth in Appendix A how to cite to exhibits in a brief.