Case law

Flatrock River Lodge v. Morris Stout and Tonia Sue Stout

130 N.E.3d 96 · Indiana Court of Appeals · Jun 14, 2019

[13] Subsection 2(c)(5) of the exemption statute clearly and unambiguously applies only to a tenancy by the entireties. I.C. § 34-55-10-2(c)(5). … And an estate by the entireties is immune to seizure for the satisfaction of the individual debt of either spouse. Eilts v. Moore, 117 Ind. App. 27, 68 N.E.2d 795, 796 (1946).

Talley-Smith

District Court, N.D. Indiana · Feb 12, 2026

As an investigator for the Indiana Department of Workforce Development, Walcott does not qualify as Talley- Smith’s employer. … May 3, 2017) (finding DWD’s rulings, orders, and case-management directions were clearly judicial in nature and within the scope of DWD’s jurisdiction, so protected by quasi- judicial immunity).

Marchal v. Craig

681 N.E.2d 1160 · Indiana Court of Appeals · Jun 25, 1997

Ehrmann, Ph.D., as a person who has a bachelor’s degree from an accredited institution of higher learning, is qualified to serve as a mediator in a domestic relations ease. A.D.R. 2.5(C)(1). … A deduction is allowed for support actually paid, or funds actually expended, for children born prior to the children for whom support is being established.

Citizens Insurance Co. v. Ganschow

859 N.E.2d 786 · Indiana Court of Appeals · Jan 12, 2007

For purposes of the accident, Ganschow qualified as an insured under the Standard Mutual policy because of his passenger status in Messer's vehicle. … As indicated in the policy provisions we set out, American's policy clearly stated that it carried primary insurance for Belcher's auto when it was involved in the accident; Motorists's policy clearly stated that it carried

Royer v. State ex rel. Brown

63 Ind. App. 123 · Indiana Court of Appeals · Apr 5, 1916

Said Newman duly qualified as such drainage commissioner and gave notice that he would receive bids for the construction of said ditch on November 5, 1910, and thereafter entered into a contract therefor with Miles V. … The legislature clearly intended to prevent a person •who obtains a contract by fraud and collusion from deriving any benefit therefrom either directly or indirectly. 5.

Schmucker v. Johnson Controls, Inc.

90 F. Supp. 3d 786 · District Court, N.D. Indiana · Mar 2, 2015

Thus, RCRA gave an option to facilities like Johnson Controls that initially qualified as treatment, storage, or disposal facilities to cease the activities that qualified them for that designation and become subject to regulation … Datacard is binding precedent on the applicability of the statutory notice and delay provisions to a “hybrid” complaint, meaning a complaint that contains “both a citizen suit claim subject to RCRA’s delay period and one immune

William A. Wiley v. State of Indiana

Indiana Court of Appeals · Jun 8, 2012

Ind.Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before Jun 08 2012, 8:31 am any court except for the purpose of establishing … its sentencing decision on other factors not gleaned from his immunized testimony.

In the Matter of J.M-C., I.M., E.M., B.M., M.F., Ale.F., Ala.F., Alin.F., and Alia.F., Children in Need of Services, T.M., Mother v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Jul 30, 2019

A determination that a child is a CHINS will only be reversed if the determination was clearly erroneous. Id. … DNA testing established that Boyfriend was father of E.M.’s child. Ex. Vol. 3 at 7-9, 21.

Callander v. Sheridan

546 N.E.2d 850 · Indiana Court of Appeals · Nov 29, 1989

Special findings will be set aside only if they are clearly erroneous, that is, if the record contains no facts or inferences supporting them. Northwest Calf Farms, Inc. v. … Apparently Callander felt he was qualified to act as a general contractor. Since he undertook this responsibility he must also accept the attached liability of a builder-vendor to a subsequent buyer. II.

Catterlin v. City of Frankfort

87 Ind. 45 · Indiana Supreme Court · Nov 15, 1882

There is a permanent grade established in said city for the improvement of her public highways, and that it is n.ecessary that the aforesaid territory be annexed in order that a uniform grade may be established, and the territory … The evidence clearly tends to support the verdict of the-jury, and the verdict is not contrary to law. There was no error in overruling the motion for a new trial.

Pearson v. Pearson

125 Ind. 341 · Indiana Supreme Court · Oct 9, 1890

Pearson, deceased, claim all of said land remaining unsold, which is of the value of six thousand dollars; that the appellee Eli Stansbury is the duly appointed and qualified administrator of the estate of the said John G … In our opinion the trust which the appellant is seeking to establish falls clearly within the statute above quoted, and is within the authorities cited above.

Thompson v. State

674 N.E.2d 1307 · Indiana Supreme Court · Dec 26, 1996

This was clearly correct and the trial court properly sustained the objection. … The essential interests protected by the law of rape — the female's freedom of choice and immunity from unwanted intimacy' — are fully implicated even where complete penetration is not accomplished.

Cross v. BON L. MANUFACTURING CO.

893 N.E.2d 780 · Indiana Court of Appeals · Sep 3, 2008

The Agreement states that Bon L may "direct [GRUS employees] in the performance of their daily duties and utilize their skills to the extent they are qualified as determined by [Bon L]. Id. … In reviewing a trial court's findings of fact and judgment, we will reverse only if they are clearly erroneous. GKN, 744 N.E.2d at 401 .

The City of Fort Wayne v. Consolidated Electrical Distributors, Inc d/b/a All-Phase Electric Supply Co.

998 N.E.2d 733 · Indiana Court of Appeals · Nov 20, 2013

But the tickets do not clearly establish when All- Phase last provided materials.4 And the evidence before the trial court was the City’s admission that All-Phase provided materials through February 7, 2011, as well as … The burden then shifts to the nonmoving party to establish that a genuine issue does in fact exist.

Moore v. Liggins

685 N.E.2d 57 · Indiana Court of Appeals · Jul 2, 1997

Therefore, Moore failed to satisfy his burden, and the trial court’s decision was not clearly erroneous. For the foregoing reasons, the decision of the trial court is affirmed in all respects. … This is quite a gravy train the prosecutor’s office has set up at the expense of the equal privileges and protections of the Defendants who are supposed to enjoy the same Constitutional protections, rights, privileges and immunities

Corbett v. State

764 N.E.2d 622 · Indiana Supreme Court · Mar 19, 2002

review of this claim despite the defendant's failure to establish that he properly raised the issue at trial. … When a defendant alleges that the trial court failed to identify or find a mitigating cireumstance, the defendant must establish that the mitigating evidence is both significant and clearly supported by the record.

Winters v. Cruse

874 N.E.2d 1079 · Indiana Court of Appeals · Oct 17, 2007

Her immunization records. Anything to do with her has been under [A.K.W.] … An abuse of discretion will be found only where the decision is clearly against the logic and effect of the facts and circumstances before the court or the court has misinterpreted the law. Id .

Rekeweg v. Federal Mutual Insurance

27 F.R.D. 431 · District Court, N.D. Indiana · Feb 24, 1961

In the Indiana case the New Jersey decision was cited for the proposition that an attorney is only responsible if he, through ignorance or neglect, fails to apply those principles of law that are well established and clearly … This Court holds that none of the documents sought, for which a showing of “good cause” has been made, are private and/or privileged matter immune from production under Rule 34, F.R.C.P.

D W v. State of Indiana

Indiana Supreme Court · Jul 23, 2025

Thus, unlike in J.M., we cannot say that D.W. failed to establish a lack of advisement. … A power, privilege, or immunity secured to a person by law[.]”).

Curler v. City of Fort Wayne

591 F. Supp. 327 · District Court, N.D. Indiana · Jun 29, 1984

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence the reasons for the plaintiff’s rejection. … At trial it was established, both through the testimony of Mr.