Case law

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.

Shaw v. Shelby County Department of Public Welfare

584 N.E.2d 595 · Indiana Court of Appeals · Jan 21, 1992

During September, October and November of 1990, at the request of the parents, Carol, Ralph and [R.R.] were examined by a qualified psychiatrist, Robert M. … Moreover, each element of I.C. 31-6-5-4(c) was established by clear and convincing evidence.

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.

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.

McCollum v. State

582 N.E.2d 804 · Indiana Supreme Court · Dec 12, 1991

Appellant’s objection to Exhibit 1A, fingerprint cards, is that sufficient chain of custody was not established. This claim is without merit. … Although appellant claims that the court failed to consider mitigating factors which clearly existed, he fails to identify those factors.

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.

Plainfield Elks Lodge No. 2186 v. State Board of Tax Commissioners

733 N.E.2d 32 · Indiana Tax Court · Aug 2, 2000

The State Board argues that the Elks’ monetary contributions, as well as the organization’s other donations, are not enough to qualify it for the exemption. … The statute clearly states that a building’s exempt status turns on whether its property is used for the above-mentioned purposes the majority of the time. See Ind.Code Ann. § 6-1.1-10-36.3(a).

Steven M. Shockley v. Indiana Real Estate Appraiser Licensure and Certification Board

Indiana Court of Appeals · Jul 24, 2025

The State moved to dismiss the petition, alleging the Board’s pre-hearing orders did not qualify as final agency action that would trigger Shockley’s right to judicial review. … Shockley Does Not Qualify for Judicial Review Under the Statutory Exhaustion Exception [34] Shockley has not satisfied the requirements of the Statutory Exhaustion Exception.

Jason Young v. Hood's Gardens, Inc.

2 N.E.3d 724 · Indiana Court of Appeals · Dec 17, 2013

We reverse a trial court’s decision to admit or exclude evidence only if that decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions … Young’s statement as to the value of wood at best qualifies as a conclusory and speculative lay opinion. Further, Young’s affidavit contains no indication that he is an expert. See Ind. Evidence Rule 702.

JC Penney Co., Inc. v. Wesolek

461 N.E.2d 1149 · Indiana Court of Appeals · Apr 16, 1984

The evidence clearly indicates that the plaintiff entered the defendant J.C. Penney store to make a purchase and also to look at the drapery department. … To qualify as an invitee, a visitor’s purpose for using the owner’s premises must correspond to the owner’s purposes for allowing others on his land. Mullins, supra at 593, 95 , 376 N.E.2d at 1181 .

M. v. B.C.

920 N.E.2d 726 · Indiana Court of Appeals · Jan 29, 2010

On November 8, 2004, the trial court established Father's paternity, granted him visitation, and ordered him to pay child support. … A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Id.

Jose Guzman v. State of Indiana

985 N.E.2d 1125 · Indiana Court of Appeals · Apr 15, 2013

As such, Austin indisputably qualifies as a victim of Guzman’s criminal acts under Indiana Code section 35-50-5-3(a). B. … The letter establishes the exact amount of loss incurred by Austin.

Jeffery Gourley v. State of Indiana (mem. dec.)

121 N.E.3d 138 · Indiana Court of Appeals · Jan 18, 2019

State, 905 N.E.2d 384, 390-91 (Ind. 2009) (noting that “every statute [is] clothed with the presumption of constitutionality until that presumption is clearly overcome by a contrary showing”). … This factor clearly favors treating the effects of the Act as nonpunitive. Id. at 812 (citation omitted).

Blakely v. Review Board of Indiana Employment Security Division

120 Ind. App. 257 · Indiana Court of Appeals · Feb 15, 1950

The contention of the employees may be summarized as follows: First, That because this act is liberally construed to achieve its beneficent purpose an otherwise qualified unemployed claimant is entitled to its benefits unless … he is clearly covered by a disqualifying provision of the Act.

Telfare v. State

163 Ind. App. 413 · Indiana Court of Appeals · Mar 17, 1975

Clearly there can be no entrapment involved in this transaction. … State (1970), 253 Ind. 525 , 255 N.E.2d 652 , concerning the need for establishing a chain of custody for narcotics.

State Ex Rel. Department of Financial Institutions v. Richard's Estate

108 Ind. App. 178 · Indiana Court of Appeals · Jan 5, 1940

Richards, appellee’s now decedent, qualified and was duly appointed executrix. … In the above authorities and the many casés cited therein the rule seems clearly established that where an effective rejection or renunciation is timely made by one who has the right it will usually relate back or attach

Rentokil North America, Inc., and Hunter Horne v. Brenda Hendricks (mem. dec.)

Indiana Court of Appeals · Aug 15, 2019

This is sufficient evidence to establish the officer as having specialized training and knowledge about accident investigation. … the officer qualified as an expert.

B & M Coal Corp. v. United Mine Workers of America

480 N.E.2d 227 · Indiana Court of Appeals · Jul 8, 1985

The fact that interest follows principal together with B & M's right of recovery establishes its property interest in the $34,440.48 of accrued interest. … Appeal bond record keeping is clearly mandated to be done at public expense.

Superior Trailer Mfg. Corp. v. J. W. Scatterday, Inc.

243 Ind. 473 · Indiana Supreme Court · Oct 4, 1962

Scatterday, was a registered professional engineer and qualified builder and that said defendant was, through its president and employees, qualified to complete the building and do all of the construction work contemplated … Several findings of fact stated by the court demonstrate that its decision was based upon a clearly erroneous conception of both the law and the facts as they related to the important issue as to whether or not appellee Scatterday