Case law

State v. Schaller

111 Ind. App. 128 · Indiana Court of Appeals · Apr 14, 1942

This court points out that, “It is well settled that where books, records, and papers, which might properly be used in evidence, *139 are numerous or voluminous, it is competent for any qualified person who has examined them … It was clearly within the discretion of the trial court to require W. B. Waddell to make proof of his authority to act as an attorney for appellees.

Foster v. Evergreen Healthcare, Inc.

716 N.E.2d 19 · Indiana Court of Appeals · Aug 17, 1999

“Such an amendment raises the presumption that the legislature intended to change the law unless it clearly appears that the amendment was passed in order to express the original intent more clearly.” Id. … We also agree that punitive damages may not arise in the absence of an injury; indeed, “[a] party must establish actual damages before he may recover punitive damages.” Bright, 650 N.E.2d at 317 .

Adam Christopher Avila v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 20, 2020

not be FILED regarded as precedent or cited before any Apr 20 2020, 10:46 am court except for the purpose of establishing … The record clearly demonstrates that the trial court did not ignore Avila’s medical issues when sentencing him. Next, Avila does not require constant medical treatment.

State ex rel. Warren v. Ogan

159 Ind. 119 · Indiana Supreme Court · Mar 13, 1902

It will be observed that the statute that establishes school corporations provides that they shall be “distinct municipal corporations for school purposes.” … Clearly from the corporations of the civil townships, towns and cities. Language could scarcely make it plainer.”

Studebaker v. United States

211 F. Supp. 263 · District Court, N.D. Indiana · Mar 30, 1962

In 1930 the Treasury’s established interpretation of the statute was reversed by the Supreme Court’s decision in May v. Heiner, supra. … They demonstrate clearly the intention on the part of the members of the Senate to associate May v. Heiner with irrevocable transfers only.

Belvedere v. State

875 N.E.2d 352 · Indiana Court of Appeals · Oct 23, 2007

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. … that applying the good faith statute here would violate Article I, Section 23 of the Indiana Constitution, which provides that "[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.E. and A.M. (Minor Children) and S.E. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Dec 4, 2019

(D.O.B. 9-20-2012) and his natural father, [R.M.],[13] and natural mother, [S.E.], is hereby terminated and all rights, powers, privileges, immunities, duties and obligations, including the right to … The trial court did not clearly err when it terminated Mother’s parental rights to Children.

Ricardo S. Trevino v. Comprehensive Care, Inc. (mem. dec.)

Indiana Court of Appeals · Dec 30, 2016

And in reviewing the trial court’s factual findings and judgment, we will reverse only if they are clearly erroneous. … Factual findings are clearly erroneous if the evidence does not support them, and a judgment is clearly erroneous if it is unsupported by the factual findings or conclusions of law.

Scott v. State

924 N.E.2d 169 · Indiana Court of Appeals · Mar 25, 2010

An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and cireamstances before the court. Id. … EVIDENCE OF NOLO CONTENDERE PLEA Seott contends that the trial court erred in admitting his nolo contendere plea to a Florida murder as proof that he was convicted of an offense that qualifies him as a serious violent felon

Rochester Bridge Co. v. McNeill

188 Ind. 432 · Indiana Supreme Court · Mar 26, 1919

The rule that actionable fraud cannot be based upon the mere expression of an opinion has been qualified until now an expression of an opinion may amount to fraud, where it is a mere contrivance of fraud, or if the person … If, however, the true state of facts would have established that the defendant was negligent and the intestate free from contributory negligence, then the plaintiff had a valuable right of action, the acquirement of which

In re the Adoption of K.D.D., Minor Child, K.H. and S.H. v. G.D. (mem. dec.)

Indiana Court of Appeals · Dec 18, 2020

The trial court’s findings and judgment will be set aside only if they are clearly erroneous. E.B.F., 93 N.E.3d at 762. … A judgment is clearly erroneous when there is no evidence supporting the findings or the findings fail to support the judgment. Id.

Tri-Quality Enterprises, Inc. v. Total Sys. Tech., Inc.

893 N.E.2d 781 · Indiana Court of Appeals · Sep 3, 2008

Under the rule, qualifying words or terms should be applied to the words immediately preceding them and should not extend to include other words, phrases, or clauses more remote, unless such extension or inclusion is clearly … TST knew or should have known that it was breaching the non-compete clause when it entered into the Agreement; thus, it should not be immune from Rhino Linings's claim for breach of contract.

Northwest Oral Surgeons, P.C. v. Joseph Lovasko, D.D.S. (mem. dec.)

Indiana Court of Appeals · Sep 29, 2016

In the event of an employee’s death or voluntary separation, severance benefits were to be settled within sixty days of the qualifying event. … Court of Appeals of Indiana | Memorandum Decision 45A03-1604-PL-734 | September 29, 2016 Page 14 of 18  for the eight (8) quarters preceding the date of death [or other qualifying event].”

Board of Trustees v. Brooks

784 N.E.2d 1035 · Indiana Court of Appeals · Mar 17, 2003

We will only disturb the trial court's findings and judgment if they are clearly erroneous. Id. … For a petition to be sufficient it "must be verified under oath by at least one (1) qualified petitioner in a manner prescribed by the state board of accounts before the petition is filed with the county auditor."

LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated Individuals

40 N.E.3d 1264 · Indiana Court of Appeals · Aug 11, 2015

An abuse of discretion occurs when the trial court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law, or an improper application of law and fact. … To prevail on a claim, the class will have to establish both generic and individual causation. Id.

D.F. v. Western School Corp.

921 F. Supp. 559 · District Court, S.D. Indiana · Mar 29, 1996

That finding is clearly correct. … D.F. is a qualified individual with handicaps.

Roderick Woodard-Ward v. State of Indiana

Indiana Court of Appeals · Sep 25, 2025

Exhibit 1 (and stills from it in Exhibits 15 through 19) were taken from a jail surveillance system that could only be accessed by a limited and qualified group of people.” Appellee’s Br. p. 11. … [20] While the evidence establishes that Mathis had initiated the altercation, the evidence also establishes that Mathis had attempted to retreat from the altercation prior to Woodard-Ward battering him

Thomas Zachary v. Amanda Suzanne Nesbitt (mem. dec.)

Indiana Court of Appeals · Jul 21, 2020

“When an appellee fails to submit a brief, we apply a less stringent standard of review with respect to the showing necessary to establish reversible error.” … As such, the alleged shortfall does not qualify as “newly discovered evidence,” and the trial court did not abuse its discretion by denying Husband’s motion to correct error.

Krisean Porter v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 8, 2020

Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 08 2020, 8:48 am court except for the purpose of establishing … Court of Appeals of Indiana | Memorandum Decision 19A-CR-2777 | December 8, 2020 Page 9 of 16 [18] Similarly, we conclude that Proposed Jury Instruction 6’s failure to include the qualifying statement of “[u]

Abercrombie and Fitch Stores, Inc. v. Simon Property Group, L.P.

Indiana Court of Appeals · Nov 25, 2020

Findings of fact are clearly erroneous when the record lacks evidence or reasonable inferences from the evidence to support them. Id. … In any event, Talbott’s affidavit establishes that he was qualified to testify about the harm that Simon would suffer following a mass shutdown of Abercrombie’s stores.