Case law

Lowenmeyer v. National Lumber Co.

71 Ind. App. 458 · Indiana Court of Appeals · Nov 25, 1919

subsequently on October 6, 1914, an order was entered thereon adjudging. said coal company a bankrupt; that on said date the Central Trust Company of Illinois was duly appointed a trustee in bankruptcy of said coal company, duly qualified … The special finding of facts clearly shows that said foreign corporation, Harmon Coal Company, for a period of more than one year, did transact a coal business for profit, from and upon the real estate in question, without

In Re the Marriage of: Bretty Myers v. Lisa Myers (Phifer) (mem. dec.)

80 N.E.3d 932 · Indiana Court of Appeals · Aug 2, 2017

When we review a challenge to an order apportioning college expenses, we apply a clearly erroneous standard. Carson v. Carson, 875 N.E.2d 484, 485-86 (Ind. Ct. App. 2007). … Reversal is proper only where the trial court’s award is clearly against the logic and effect of the facts and circumstances before the court. Id.

In the Matter of the Termination of the Parent-Child Relationship of A.M. and D.M. (Minor Children), M.M. (Mother) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 25, 2017

All rights, powers, privileges, immunities, duties and obligations, any rights to custody, parenting time or 3 The trial court did not make a determination that the conditions that resulted in Children’s removal … Instead, it needs to establish only that a “reasonable probability” exists that a parent’s behavior will not change. Id.

Columbus Medical Services Organization, LLC v. Liberty Healthcare Corp.

911 N.E.2d 85 · Indiana Court of Appeals · Aug 12, 2009

He is responsible for all accounting, banking, and treasury activities of the corporation in addition to establishing budgets and participating with the business operation units in establish[ing] pricing and measuring actual … Liberty also was a qualified respondent to the State's RFP ..., which thereby ereated a second (and related) business relationship between Liberty and the State. 5.

Payne v. State

854 N.E.2d 7 · Indiana Court of Appeals · Aug 31, 2006

Seldin's "testimony" that Payne introduced evidence to establish that she was naive and very susceptible to being influenced. … At trial, Carter, a State's witness, refused to testify despite being offered use immunity and being ordered to testify by the trial court.

Christina Armstrong v. Katherine Armstrong

Indiana Court of Appeals · Nov 6, 2025

We may reverse the trial court’s judgment if the appellant’s brief establishes prima facie error. Id. … We do not set aside the findings or judgment unless clearly erroneous. Id.

L.H. Controls, Inc. v. Custom Conveyor, Inc.

974 N.E.2d 1031 · Indiana Court of Appeals · Sep 19, 2012

LH Controls breached the Contract by failing to provide properly qualified, fully experienced, and competent personnel. 9. … The undisputed evidence establishes that CCI waived reliance on the alleged conditions precedent to final payment.

National Supply Co. v. Stranahan

161 Ind. 602 · Indiana Supreme Court · Jan 7, 1904

was by the lower court appointed the receiver of the two companies hereinbefore named, and duly qualified as such receiver. . … Especially is this true where, as in this case, it is clearly disclosed by the plain language of the act that it would be unreasonable to accord to it any other construction or interpretation than that given to it in the

Yoon v. Yoon

687 N.E.2d 201 · Indiana Court of Appeals · Oct 21, 1997

The findings and conclusions will be set aside only if they are clearly erroneous, i.e., if the record contains no facts or inferences supporting them. … Sunsook objected on the ground that Jay was not qualified to provide expert testimony and the trial court sustained the objection.

Michael Litton v. Jason Baugh

122 N.E.3d 1034 · Indiana Court of Appeals · Apr 30, 2019

A judgment is also clearly erroneous when the trial court applies the wrong legal standard to properly found facts. Id. … The court, in its discretion, may honor the infant’s or incompetent’s choice of next friend or guardian ad litem, but the court may deny approval or remove a person who is not qualified.

Wright v. Mishawaka Housing Authority

225 F. Supp. 3d 752 · District Court, N.D. Indiana · Dec 1, 2016

“Second, the plaintiff must establish a causal connection between the employment practice and the statistical disparity....” Id. Ms. … That clearly could not be what Congress had in mind when it sought to create ‘truly integrated and balanced living patterns.’ ”).

Spranger v. State

650 N.E.2d 1117 · Indiana Supreme Court · May 24, 1995

Effective commencing January 1, 1992, Indiana Criminal Rule 24(B) requires the appointment of two qualified attorneys to represent an individual in a trial proceeding *1123 where a death sentence is sought. … We previously noted that the evidence before the post-conviction court does not clearly establish prejudicial prosecutorial misconduct.

Fryback v. State

272 Ind. 660 · Indiana Supreme Court · Mar 5, 1980

This witness was clearly qualified from a professional viewpoint; he stated among his several conclusory statements on at least one occasion after having been given the substance of the Hill test that in his opinion appellant … There is no hint of establishing any type of administrative remedy for policyholders. In fact they are not mentioned.

David Darst v. Indiana Dept. of Correction and Bruce Lemmon in his official capacity as Commissioner

Indiana Court of Appeals · Dec 27, 2012

Darst has not presented any argument concerning Commissioner Lemmon’s immunity, and we affirm the dismissal of Darst’s claim against Commissioner Lemmon. … directed by Indiana law, and in failing to establish the supervision of prison van transport officers.”

Burton v. Morrow

133 Ind. 221 · Indiana Supreme Court · Dec 20, 1892

He qualified and entered upon the discharge of his duties as such, and is still thus acting. … The facts found clearly show that the writing was executed, not as embodying the entire contract of the parties, but for the purpose of carrying into effect one of its incidental and collateral provisions.

State of Indiana v. Robert Lee Engram (mem. dec.)

Indiana Court of Appeals · Jun 4, 2019

While the evidence establishes that Partlow shot Jones, Engram was convicted of murder on a theory of accomplice liability. … [10] Engram, like Newson, was convicted of murder and qualified under the statute as a violent criminal.

Patterson v. State

742 N.E.2d 4 · Indiana Court of Appeals · Dec 18, 2000

The results of the DNA analysis established that the *7 blood on the curtains inside Maciejewski’s home was consistent with Patterson’s DNA. … Because DNA testing was clearly not on the minds of the framers of the Federal Constitution, we utilize the traditional standards of reasonableness in addressing the subsequent testing of Patterson’s DNA.

Michael Thalheimer v. Ramon and Stacey Halum

973 N.E.2d 1145 · Indiana Court of Appeals · Aug 13, 2012

Keenan was qualified as a skilled witness to establish the standard of care in installing this type of floor. … Challengers must establish that the trial court’s findings are clearly erroneous. Findings are clearly erroneous when a review of the record leaves us firmly convinced a mistake has been made.

In Re the Adoption of: N.I.D. (Minor Child), and C.C. (Mother) v. R.P. and K.P.

Indiana Court of Appeals · Sep 15, 2020

Whether such placement qualifies as “custody of the child” could be argued. … C.C. argues that R.P. and K.P. did not qualify as nonagency guardians.

In Re the Marriage of: Amy Steele-Giri v. Brian K. Steele

51 N.E.3d 119 · Indiana Supreme Court · Mar 15, 2016

Additionally, there is a well-established preference in Indiana “for granting latitude and deference to our trial judges in family law matters.” In re Marriage of Richardson, 622 N.E.2d 178 (Ind. 1993). … However, the GAL qualified her statement by stating she “would never suggest that a child be placed [in Mother’s home] because there is more money available.” (Id.)