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29 Indiana opinions name it 2 courts 1919–2025 3 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Malachowski v. Bank One, Indianapolis, N.A.green2 sentences2025Attorney’s Fees [14] The Indiana Supreme Court has held that the award or denial of the reimbursement of attorney fees from a trust to a trustee is “in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm [the trial court’s] order.” Malachowski v. Bank One, 682 NE 2d 530, 533 (Ind. 1997) (quoting Zaring v. Zaring, 219 Ind. 514, 523 , 39 NE 2d 734, 737 (1942) (brackets in Malachowski)). 2017A trial court’s decision to award or deny attorney fees is “in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm [the trial court’s] order.” Malachowski v. Bank One, Indpls., N.A., 682 N.E.2d 530, 533 (Ind. 1997) (quoting Zaring v. Zaring, 219 Ind. 514 , 39 N.E.2d 734, 737 (1942)), reh’g denied. | 15 | 18 |
Zaring v. Zaringgreen2 sentences2025Attorney’s Fees [14] The Indiana Supreme Court has held that the award or denial of the reimbursement of attorney fees from a trust to a trustee is “in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm [the trial court’s] order.” Malachowski v. Bank One, 682 NE 2d 530, 533 (Ind. 1997) (quoting Zaring v. Zaring, 219 Ind. 514, 523 , 39 NE 2d 734, 737 (1942) (brackets in Malachowski)). 2025Attorney’s Fees [14] The Indiana Supreme Court has held that the award or denial of the reimbursement of attorney fees from a trust to a trustee is “in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm [the trial court’s] order.” Malachowski v. Bank One, 682 NE 2d 530, 533 (Ind. 1997) (quoting Zaring v. Zaring, 219 Ind. 514, 523 , 39 NE 2d 734, 737 (1942) (brackets in Malachowski)). | 12 | 12 |
Campbell v. El Dee Apartments & Criterion Groupgreen2 sentences2016Thus, “in the absence of an affirmative showing of error or Court of Appeals of Indiana | Memorandum Decision No. 64A03-1506-DR-698 | March 16, 2016 Page 12 of 14 abuse of discretion we must affirm the trial court’s order.” Campbell v. El Dee Apartments, 701 N.E.2d 616, 622 (Ind. Ct. App. 1998). 2008Campbell v. El Dee Apts., 701 N.E.2d 616, 621 (Ind.Ct.App.1998). | 3 | 3 |
C.H. v. A.R.green1 sentence2024“A trial court’s decision to award or deny attorney fees is in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm the trial court’s order.” C.H. v. A.R., 72 N.E.3d 996, 1003 (Ind. Ct. App. 2017) (cleaned up). | 1 | 1 |
Kelley v. Vigo County School Corp.green1 sentence2015Corp., 806 N.E.2d 824, 831 (Ind. Ct. App. 2004) (citing Malachowski v. Bank One, 682 N.E.2d 530, 533 (Ind. 1997)), trans. denied. “[I]n the absence of an affirmative showing of error or abuse of discretion,” we must affirm the trial court. | 1 | 1 |
Patricia Ann Brown, CPA v. Browngreen1 sentence2004Malachowski v. Bank One, Indianapolis, N.A., 682 N.E.2d 530, 533 (Ind.1997); Patricia Ann Brown, C.P.A. v. Brown, 776 N.E.2d 394, 397 (Ind.Ct.App.2002), trans. denied (2003). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dean Vander Woude and Timothy Koster v. First Midwest Bank, Successor in Interest to Bank Calumet, N.A.
green
2 sentences2020Woude v. 1st Midwest Bank, 45 N.E.3d 847 (Ind. Ct. App. 2015). 2019Malachowski v. Bank One, Indianapolis, N.A., 682 N.E.2d 530, 533 (Ind. 1997); Woude v. First Midwest Bank, 45 N.E.3d 847 , 851- Court of Appeals of Indiana | Memorandum Decision 18A-PL-1681 | April 8, 2019 Page 16 of 21 52 (Ind. Ct. App. 2015). | 2 | 2019–2020 |
Malone v. State
neutral
2 sentences1925Malone v. State (1913), 179 Ind. 184 . 1919Malone v. State (1912), 179 Ind. 184 , 100 N. E. 567 ; Woodward v. State, supra; Campbell v. State, supra. In Hollon v. State (1917), 186 Ind. 374 , 114 N. E. 5 , the court said: “Certain questions are sought to be presented as to instructions given and refused, but it does not appear from the bill of exceptions containing such instructions whether it contains all of the instruc tions in the case. | 2 | 1919–1925 |
Bigley v. MSD of Wayne Township Schools
green
1 sentence2025Bigley, 881 N.E.2d at 81 . | 1 | 2025–2025 |
Holliday v. Crooked Creek Villages Homeowners Assoc., Inc.
green
1 sentence2024Likewise, “the amount recoverable for an award of attorney fees is left to the sound discretion of the Court of Appeals of Indiana | Opinion 22A-PL-1968 | January 19, 2024 Page 51 of 56 trial court.” Holliday, 759 N.E.2d at 1095 . | 1 | 2024–2024 |
In Re Trust Created Under Mitchell
green
1 sentence2011Indeed, the Indiana Supreme Court has held “that the award or denial of the reimbursement of attorney fees from a trust to a trustee is ‘in the exercise of a sound discretion, and in the absence of an affirmative showing of error or abuse of discretion we must affirm [the trial court’s] order.’ ” Id. at 437 (quoting Malachowski v. Bank One, 682 N.E.2d 530, 533 (Ind.1997) (quoting Zaring v. Zaring, 219 Ind. 514, 523 , 39 N.E.2d 734, 737 (1942)), reh’g denied). | 1 | 2011–2011 |
Noble County Board of Commissioners v. Fahlsing
green
1 sentence2011Id. | 1 | 2011–2011 |
Board of County Commissioners v. L. Robert Kimball & Associates
green
1 sentence1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 . | 1 | 1992–1992 |
Merkow v. Lawn
green
1 sentence1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 . | 1 | 1992–1992 |
Wrenn v. Sullivan
green
1 sentence1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 . | 1 | 1992–1992 |
Sharp v. State
green
1 sentence1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 . | 1 | 1992–1992 |
Hollon v. State
neutral
2 sentences1919Malone v. State (1912), 179 Ind. 184 , 100 N. E. 567 ; Woodward v. State, supra; Campbell v. State, supra. In Hollon v. State (1917), 186 Ind. 374 , 114 N. E. 5 , the court said: “Certain questions are sought to be presented as to instructions given and refused, but it does not appear from the bill of exceptions containing such instructions whether it contains all of the instruc tions in the case. 1919Malone v. State (1912), 179 Ind. 184 , 100 N. E. 567 ; Woodward v. State, supra; Campbell v. State, supra. In Hollon v. State (1917), 186 Ind. 374 , 114 N. E. 5 , the court said: “Certain questions are sought to be presented as to instructions given and refused, but it does not appear from the bill of exceptions containing such instructions whether it contains all of the instruc tions in the case. | 1 | 1919–1919 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.