Case law

Sandy Ridge Oil Co. v. Centerre Bank National Ass'n

510 N.E.2d 667 · Indiana Supreme Court · Jul 29, 1987

In Indiana, the Recorder is required to record certain documents which comply with specific formal requirements for the purpose of establishing priority of right. … Also significant is Ind.Code § 36-2-11-16, which provides additional requirements qualifying an instrument for recordation and which was amended in 1986.

TAYLOR

District Court, S.D. Indiana · Feb 19, 2026

Johnson assert that they are entitled to summary judgment on all of these claims on the merits and because they are shielded by qualified immunity. … Because the Court has determined that summary judgment is appropriate on all claims on the merits, it will not address Defendants’ argument that they are entitled to qualified immunity.

Barringer v. Guilford School Township

100 Ind. App. 445 · Indiana Court of Appeals · Mar 11, 1935

the demurrer to appellant’s amended complaint, which in substance is as follows: That the appellant is a duly licensed and practicing professional engineer and architect of the State of Indiana, and the appellee is a duly established … These cases are clearly not in point.

Beene v. REVIEW BD. OF IND. DEPT. OF EMP. & TRAINING SERV.

528 N.E.2d 842 · Indiana Court of Appeals · Sep 28, 1988

The program clearly delineated which absences would be exempt, counted, or unexcused and gave the employee three warnings before discharge would occur. … Thus, the Employer established a prima facie case of discharge for the violation of a reasonable and uniformly enforced rule, which was not sufficiently rebutted by Beene.

Mark v. Moser

746 N.E.2d 410 · Indiana Court of Appeals · Apr 19, 2001

OPINION BAKER, Judge Today we are called upon to clearly define the standard of care one competitor owes another in a sporting event. … Our legislature also emphasized and endorsed the growing importance of sporting and recreational activities in Indiana, when it enacted a statute specifically immunizing landowners from lability if they have opened their

Seay v. State

673 N.E.2d 475 · Indiana Court of Appeals · Jan 15, 1997

The appellant bears the burden of establishing his grounds for relief by a preponderance of the evidence. Ind. Post-Conviction Rule 1, § 5; Weatherford v. State, 619 N.E.2d 915, 917 (Ind.1993). … To qualify as “fundamental,” the error must be so prejudicial to the rights of a defendant as to make a fair proceeding impossible. See Winegeart, 665 N.E.2d at 896 .

Doe v. Barber

District Court, N.D. Indiana · Sep 19, 2025

“A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the … In particular, in that opinion and order, the court recognized the City’s “immunity for discretionary training, supervision, and retention of police officers” and immunity for any of Plaintiff’s allegations against the

DAVIS v. KIRBY

District Court, S.D. Indiana · Sep 27, 2022

immunity, and (4) Davis has in any event failed to address the merits of the Fourth Amendment claim beyond her response to the qualified immunity defense, and therefore has conceded her substantive Fourth Amendment arguments … immunity grounds.

Richard Dean Martin v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 17, 2015

Court of Appeals of Indiana | Memorandum Decision 10A01-1409-PC-419 | June 17, 2015 Page 6 of 15  recusal was not required, inasmuch as the relationship between the trial judge and S.G. did not qualify … An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record

Doralee A. Burress v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 29, 2017

In the statement, the trial court recognizes that its conclusion is qualified by the conditional assumption that “the allegations . . . are true.” (App. 93). … Unlike older individuals who can walk and talk, but still qualify legally as dependents, B.W. was entirely physically dependent upon Burress to seek treatment for his injuries.

In Re the Marriage of Stariha

509 N.E.2d 1117 · Indiana Court of Appeals · Jun 29, 1987

While the principle that private action is immune from the restrictions of the Fourteenth Amendment is well established and easily stated, the question whether particular conduct is 'private, on the one hand, or 'state action … Clearly, John's conviction and sentence, though served, will have collateral consequences and this case is, therefore, not moot.

STATE EX REL. INDIANA STATE EMP. v. Boehning

396 N.E.2d 422 · Indiana Court of Appeals · Nov 5, 1979

To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Another section of the Bi-partisan Act, § 8-13-1.5-4, gives special protection to employees who are immune from political discharge: The duties and powers of the executive director acting for the Highway Commission as they

Futrell v. Columbia Club, Inc.

338 F. Supp. 566 · District Court, S.D. Indiana · Aug 2, 1971

Opinion Letter No. 767, December 6, 1967, holds squarely that a club does not qualify as a hotel, for want of compliance with this requirement. … Clearly, the club is a single functional unit of many related services. As such, it is a single establishment. With the critical definitions determined, it is possible to resolve the questions of coverage and exemption.

Indiana State Prison & State Employees' Appeals Commission v. Van Ulzen

567 N.E.2d 1164 · Indiana Court of Appeals · Mar 12, 1991

The statutory/regulatory scheme governing State employment clearly does not use the terms "classification" and "position" interchangeably. … Van Ulzen argues that the trial court entered these findings in establishing that he was prejudiced by the Commission's erroneous application of law.

Halbert v. State ex rel. Board of Commissioners

22 Ind. 125 · Indiana Supreme Court · May 15, 1864

the day and year last aforesaid, was approved by the Board of Commissioners aforesaid, and said Halbert then and there entered upon the duties of said office, and continued therein until his successor was duly elected and qualified … Ilis duties are tolerably clearly defined by statutes.

Lazzell v. INDIANA FAMILY & SOCIAL SERVICES ADMIN.

775 N.E.2d 1113 · Indiana Court of Appeals · Sep 24, 2002

Therefore, to establish his income levels, Mr. Lazzell provided the OFC with a profit and loss statement covering the first five months of 2000. … Using the net income from the current year, the applicant would qualify for benefits, but, using the net income from the prior year, the applicant would not qualify.

Leisure v. Leisure

589 N.E.2d 1163 · Indiana Court of Appeals · Mar 30, 1992

That this is to be accomplished by a "Qualified Domestic Relations Order" to be prepared in a form hopefully acceptable to the U.S. Government. … If we conclude that the findings support the judgment and are not clearly erroneous, we will affirm the judgment.

Wabash, St. Louis & Pacific Railway Co. v. Locke

112 Ind. 404 · Indiana Supreme Court · Nov 30, 1887

exercise of due diligence and skill, might have been foreseen and prevented, and the person upon whom the injury *410 has fallen may have been one for whose safety and protection the defendant was at the time under some qualified … In some manner, not clearly explained, a child, in leaving the ferry-boat in company with its mother, fell through or over the guard and was drowned.

City of East Chicago v. State Ex Rel. Pitzer

227 Ind. 241 · Indiana Supreme Court · Mar 22, 1949

In so holding, we have construed the decree as establishing relators’ rights to receive compensation only for future service and not as establishing their rights to the same compensation as other members of the same rank … The statute clearly contemplates that there may be members of the fire force who are not participants in the firemen’s pension fund, § 48-6506, Burns’ 1933.

Carla Miller v. Indiana Gas Company, Inc

Indiana Court of Appeals · Feb 20, 2026

[25] Although Miller contends that Friend’s and Novak’s affidavits contain secondhand information, the affidavits clearly establish that both Friend and Novak were present at the scene of the Incident … The IURC’s investigation into the Incident was clearly relevant to determining the cause of the Incident.