Case law

Indiana Compensation Rating Bureau v. Technology Insurance Company

Indiana Court of Appeals · Oct 24, 2024

of 15  (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … We will uphold the findings of fact unless they are clearly erroneous. Id.

Bragdon v. Prudential Insurance Co. of America

109 Ind. App. 278 · Indiana Court of Appeals · May 27, 1941

Appellant was appointed administratrix of the estate of Fannie Titus on May 9, 1939, and duly *282 qualified on such date. … provision to the contrary, an administrator or executor is entitled to the possession of all the decedent’s personal property for the purpose of settlement of the estate, the agreement between the insurer and the insured herein clearly

David Moss v. Indianapolis Department of Natural Resources (mem. dec.)

Indiana Court of Appeals · Jul 9, 2015

Appellate Rule 65(D), this Jul 09 2015, 9:39 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata … The trial court held that the NRC violated Indiana Code Section 4- 21.5-3-27 by not clearly identifying the “just cause” standard of review in the final order.

Hicks v. State

544 N.E.2d 500 · Indiana Supreme Court · Oct 16, 1989

The determination of whether a witness is qualified to testify as an expert *505 is within the sound discretion of the trial court, whose ruling will not be disturbed absent an abuse of discretion. … Fair's expertise in her field was adequately established at trial. The extent of her knowledge affects the weight of her testimony and not its admissibility.

Cox v. Matthews

901 N.E.2d 14 · Indiana Court of Appeals · Feb 12, 2009

In addition, Tube City maintains that the jury's verdict and allocation of damages is clearly against the weight of the evidence. … Also, Rule 25(C) only applies to "response" or "reply" briefs-this does not qualify.

In the Matter of the Estate of Florian T. Latek Nicholas G. Grapsas v. Gerald Ronneau

Indiana Court of Appeals · Jan 4, 2012

The Appellants further argue that Bozik’s assertion (under penalties of perjury) in the petition for probate of Latek’s Will is legally insufficient to establish that the signature on the will was Latek’s signature. … Appellants assert that if Bozik can be found to qualify under the statute, at best, he may qualify under subsection (a)(6) which provides for “any other qualified person.”

Jordon P. Stroud v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 31, 2016

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 31 2016, 8:26 am court except for the purpose of establishing … This was clearly articulated by the trial court, and we are not confused.

In the Matter of the Termination of the Parent-Child Relationship of N.Y. (Minor Child) C.Y. (Father) v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Sep 13, 2018

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED: All rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, parenting time, or … Best Interests [19] Father also asserts that the trial court clearly erred when it concluded that the termination of his parental rights is in Child’s best interests.

Boyd v. State

494 N.E.2d 284 · Indiana Supreme Court · Jun 24, 1986

More importantly, however, the evidence established Defendant's guilt to a substantial and overwhelming degree. … An examination of the trial court's order shows clearly that the trial court did not denominate these matters as aggravating circumstances.

State Ex Rel. Cittadine v. Indiana Department of Transportation

790 N.E.2d 978 · Indiana Supreme Court · Jun 24, 2003

This language clearly does not abrogate but rather acknowledges the public standing doctrine. … We conclude that Cittadine's claim, which involves the enforcement of a public right, qualifies for the public standing doctrine.

State v. Lincoln Memory Gardens, Inc.

242 Ind. 206 · Indiana Supreme Court · Oct 26, 1961

The evidence further shows that the area was platted by experienced and qualified cemetery architects; that 370 families have purchased 1,162 interment lots in the “Garden of the Last Supper,” and 15,200 burial spaces have … That is not the situation in the present case as clearly appears from the statement of facts hereinabove set out and which we deem unnecessary to repeat here.

Travelers Indemnity Co. v. Armstrong

66 Ind. Dec. 583 · Indiana Court of Appeals · Jan 8, 1979

Clearly, the jury rejected the testimony of Travelers’ claims adjuster. This Court will not disturb that decision. … Furthermore, the evidence, as characterized by Travelers, clearly establishes that this case in its entirety is nothing less than a good faith dispute.

Wanke v. Lynn's Transportation Co.

836 F. Supp. 587 · District Court, N.D. Indiana · Jun 8, 1993

so much of it as is true and qualify or deny the remainder. … An inaccurate answer clearly and definitively made is not an insufficient answer under Rule 36(a). If the defendants believe Mrs.

James K. Melton, Perdue Foods, LLC f/k/a Perdue Farms Incorporated and FPP Business Services, Inc. v. Chad Stephens, Guardian of the Person and Estate of Stacy S. Stephens and Chad Stephens

Indiana Court of Appeals · Jul 22, 2014

A judgment is clearly erroneous when the findings of fact and conclusions thereon do not support it. Id. … Relying on the Illinois precedent established in Murphy v. Mancari’s Chrysler Plymouth, Inc., 948 N.E.2d 233 (Ill. Ct.

Jackson v. State

958 N.E.2d 1161 · Indiana Court of Appeals · Jan 3, 2012

The Court further finds that pursuant to Section 5, “The Petitioner shall be heard”, and “the Petitioner has the burden of establishing his grounds for relief’. … The appellate court must accept the post-conviction court’s findings of fact and may reverse only if the findings are *1165 clearly erroneous.

In Re Marriage of Lopp

370 N.E.2d 977 · Indiana Court of Appeals · Dec 28, 1977

It is an established rule of statutory construction that effect will be given to the plain and unambiguous meaning of the words used. United States v. … Congress explicitly and meticulously detailed the exemptions from the control of the act, and no spousal immunity was listed among those exceptions.

Indiana Law Enforcement Training Board v. Theodore D. Comer, Sr. (mem. dec.)

26 N.E.3d 57 · Indiana Court of Appeals · Jan 28, 2015

agency action 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 … of Appeals of Indiana | Memorandum Decision 22A01-1407-MI-321 | January 28, 2015 Page 8 of 14  honorable discharge (which was false), are all factors that individually and jointly clearly

Paulson v. Centier Bank

704 N.E.2d 482 · Indiana Court of Appeals · Oct 13, 1998

“A fiduciary relationship does not exist between a lender and a borrower unless certain facts exist which establish a relationship of trust and confidence between the two.” Block v. … The trial court’s conclusion is not clearly erroneous. E.

Kroger Co. v. Plan Commission of Plainfield

953 N.E.2d 536 · Indiana Court of Appeals · Aug 18, 2011

with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required … In order to be sufficient, the findings must clearly explain why Kroger’s proposed development of a gas station failed to meet the requirements of the Plainfield Zoning Ordinance.

James Edward Williams v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Feb 19, 2020

Williams maintained that such circumstances were not sufficient to establish abandonment. … In reviewing the trial court’s ruling on the admissibility of evidence from an allegedly illegal search, we do not reweigh the evidence and defer to the trial court’s factual determinations unless clearly