affirmative showing error (Indiana) · Go Syfert
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affirmative showing error in Indiana

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.

Followed or applied (6)

CaseFollowedCited
Malachowski v. Bank One, Indianapolis, N.A.green
ind · 1997 · cited in 18 Indiana opinions naming this issue, 1998–2025
2 sentences

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)).

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.

1518
Zaring v. Zaringgreen
ind · 1942 · cited in 12 Indiana opinions naming this issue, 1997–2025
2 sentences

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)).

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)).

1212
Campbell v. El Dee Apartments & Criterion Groupgreen
indctapp · 1998 · cited in 3 Indiana opinions naming this issue, 1999–2016
2 sentences

2016Thus, “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).

33
C.H. v. A.R.green
indctapp · 2017 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024“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).

11
Kelley v. Vigo County School Corp.green
indctapp · 2004 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Corp., 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.

11
Patricia Ann Brown, CPA v. Browngreen
indctapp · 2002 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004Malachowski 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Dean Vander Woude and Timothy Koster v. First Midwest Bank, Successor in Interest to Bank Calumet, N.A. green
indctapp · 2015
2 sentences

2020Woude 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).

22019–2020
Malone v. State neutral
ind · 1913
2 sentences

1925Malone 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.

21919–1925
Bigley v. MSD of Wayne Township Schools green
indctapp · 2008
1 sentence

2025Bigley, 881 N.E.2d at 81 .

12025–2025
Holliday v. Crooked Creek Villages Homeowners Assoc., Inc. green
indctapp · 2001
1 sentence

2024Likewise, “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 .

12024–2024
In Re Trust Created Under Mitchell green
indctapp · 2003
1 sentence

2011Indeed, 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).

12011–2011
Noble County Board of Commissioners v. Fahlsing green
indctapp · 1999
1 sentence

2011Id.

12011–2011
Board of County Commissioners v. L. Robert Kimball & Associates green
scotus · 1990
1 sentence

1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 .

11992–1992
Merkow v. Lawn green
scotus · 1990
1 sentence

1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 .

11992–1992
Wrenn v. Sullivan green
scotus · 1990
1 sentence

1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 .

11992–1992
Sharp v. State green
ind · 1989
1 sentence

1992Sharp v. State (1989), Ind., 534 N.E.2d 708 , cert. denied 494 U.S. 1031 , 110 S.Ct. 1481 , 108 L.Ed.2d 617 .

11992–1992
Hollon v. State neutral
ind · 1916
2 sentences

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.

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.

11919–1919

Statutes the citing opinions construe

IN § Ind. Code § 34-52-1-1 (12) IN § Ind. Code § 29-1-10-13 (5) IN § Ind. Code § 30-4-3-22 (5) IN § Ind. Code § 30-4-5-16 (5)

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.

Where else courts name it

GA 98 (1985–2026) IL 47 (1972–2026) LA 45 (1980–2020) CA 42 (1887–2026) IN 29 (1919–2025) WA 17 (1938–2025) TX 8 (1924–2015) AR 7 (1989–2017) MA 7 (1992–2023) WY 5 (1959–2002) DC 4 (1947–1999) OH 4 (2008–2021) KS 3 (1944–1984) MI 3 (1984–1987) VA 3 (1990–2017) ID 2 (1974–1980)

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.

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