two-tier standard (Indiana) · Go Syfert
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two-tier standard in Indiana

71 Indiana opinions name it 1 courts 1981–2024 2 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 (21)

CaseFollowedCited
Yanoff v. Muncygreen
ind · 1997 · cited in 16 Indiana opinions naming this issue, 2011–2019
2 sentences

2019Id.

2018Id.

316
CSX Transportation, Inc. v. Raboldgreen
indctapp · 1998 · cited in 3 Indiana opinions naming this issue, 2001–2002
2 sentences

2002CSX Transp., Inc. v. Rabold, 691 N.E.2d 1275, 1277 (Ind.Ct.App.1998).

2002CSX Transp., Inc. v. Rabold, 691 N.E.2d 1275, 1277 (Ind.Ct.App.1998).

33
Argonaut Insurance Co. v. Jonesgreen
indctapp · 2011 · cited in 2 Indiana opinions naming this issue, 2013–2020
2 sentences

2020Co. v. Jones, 953 N.E.2d 608, 614 (Ind. Ct. App. 2011), trans. denied. [7] We apply a two-tier standard of review to the sua sponte findings and conclusions.

2013Co. v. Jones, 953 N.E.2d 608, 614 (Ind. Ct. App. 2011), trans. denied. 11 We apply the following two-tier standard of review to sua sponte findings and conclusions: whether the evidence supports the findings, and whether the findings support the judgment.

22
In Re Paternity of MGSgreen
indctapp · 2001 · cited in 2 Indiana opinions naming this issue, 2019–2019
2 sentences

2019In re Paternity of M.G.S., 756 N.E.2d 990, 996 (Ind. Ct. App. 2001), trans. denied.

2019In re Paternity of M.G.S., 756 N.E.2d 990, 996 (Ind. Ct. App. 2001), trans. denied.

22
Kettery v. Heckgreen
indctapp · 1992 · cited in 2 Indiana opinions naming this issue, 1998–1999
2 sentences

1999Kettery v. Heck, 587 N.E.2d 1365, 1367 (Ind.Ct.App.1992), trans. denied.

1998Rettery v. Heck, 587 N.E.2d 1365, 1367 (Ind.Ct.App.1992), trans. denied.

22
Graham v. REVIEW BD., ETC.green
indctapp · 1979 · cited in 5 Indiana opinions naming this issue, 1981–1989
2 sentences

1989“Under this two-tier standard of review, the Review Board’s ‘finding of ultimate fact’ is the conclusion, and the ‘findings of basic facts’ are the premises from which the Review Board deduced its conclusion.” Graham v. Review Board of the Indiana Employment Security Division (1979) 3d Dist., 179 Ind.App. 497 , 386 N.E.2d 699, 701 .

1989"Under this two-tier standard of review, the Review Board's `finding of ultimate fact' is the conclusion, and the `findings of basic facts' are the premises from which the Review Board deduced its conclusion." Graham v. Review Board of the Indiana Employment Security Division (1979) 3d Dist., 179 Ind. App. 497 , 386 N.E.2d 699, 701 .

15
Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wifegreen
indctapp · 2014 · cited in 3 Indiana opinions naming this issue, 2017–2017
2 sentences

2017Where there are no specific findings, a general judgment standard applies and we may affirm on any legal theory supported by Court of Appeals of Indiana | Opinion 49A05-1604-PL-810 | May 19, 2017 Page 5 of 18 the evidence adduced at trial.” Samples v. Wilson, 12 N.E.3d 946, 949-50 (Ind. Ct. App. 2014). [12] We apply a two-tier standard of review to the sua sponte findings and conclusions.

2017We apply a two-tier standard of review to the sua sponte findings and conclusions thereon. *1012 Id. at 950 .

13
The Estate of George A. Henry v. Nadene Woodsgreen
indctapp · 2017 · cited in 2 Indiana opinions naming this issue, 2020–2024
2 sentences

2024Id.

2020Estate of Henry v. Woods, 77 N.E.3d 1200, 1204 (Ind. Ct. App. 2017).

12
Olcott International & Co. v. Micro Data Base Systems, Inc.green
indctapp · 2003 · cited in 2 Indiana opinions naming this issue, 2005–2009
2 sentences

2009Id.

2005"In such a case, we apply the following two-tier standard of review: whether the evidence supports the findings, and whether the findings support the judgment." Olcott Intern. & Co., Inc. v. Micro Data Base Systems, Inc., 793 N.E.2d 1063, 1071 (Ind.Ct.App.2003), trans. denied.

12
Daniel P. Millikan v. Lori A. Eifridgreen
indctapp · 2012 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018Millikan v. Eifrid, 968 N.E.2d 243, 251 (Ind. Ct. App. 2012).

11
Phillip J. Troyer v. Tracy L. Troyergreen
indctapp · 2013 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017Troyer v. Troyer, 987 N.E.2d 1130, 1134 (Ind. Ct. App. 2013).

11
Jeffrey Crider v. Christina Cridergreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015When a trial court does so pursuant to Indiana Trial Rule 52, we apply the following two-tier standard of review: whether the evidence supports the findings of fact, and whether the findings support the conclusions.- Crider v. Crider, 15 N.E.3d 1042, 1052 (Ind.Ct.App.2014), tram, denied.

11
Estudillo v. Estudillogreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013Id. at 1090 (citation omitted).

11
Zukerman v. Montgomerygreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012Zukerman v. Montgomery, 945 N.E.2d 813, 818 (Ind.Ct.App.2011).

11
Wedgewood Community Ass'n, Inc. v. Nashgreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006See Wedgewood Cmty. Ass'n, Inc. v. Nash, 781 N.E.2d 1172, 1177-78 (Ind.Ct.App.2003), clarified on reh'g, 789 N.E.2d 495 (Ind.Ct.App. 2003), trans. denied (2004).

11
Wedgewood Community Ass'n v. Nashgreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006See Wedgewood Cmty. Ass'n, Inc. v. Nash, 781 N.E.2d 1172, 1177-78 (Ind.Ct.App.2003), clarified on reh'g, 789 N.E.2d 495 (Ind.Ct.App. 2003), trans. denied (2004).

11
Crawley v. Oak Bend Estates Homeowners Ass'n, Inc.green
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2003–2003
11
Harco, Inc. of Indianapolis v. Plainfield Interstate Family Dining Associatesgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2003–2003
1 sentence

2003Chidester v. City of Hobart, 681 N.E.2d 908, 910 (Ind.1994); Harco, Inc. of Indianapolis v. Plainfield Interstate Family Dining Assocs., 758 N.E.2d 931, 941 (Ind.Ct.App.2001); Lynn v. Windridge Co-Ouwners Ass'n, Inc., 748 N.E.2d 305 , 309 (Ind.Ct.App.2001), trans. denied.

11
State v. Jonesgreen
ohio · 1997 · cited in 1 Indiana opinions naming this issue, 2003–2003
11
Knox County Rural Electric Membership Corp. v. PSI Energy, Inc.green
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 2002–2002
11
Western Ohio Pizza, Inc. v. Clark Oil & Refining Corp.green
indctapp · 1999 · cited in 1 Indiana opinions naming this issue, 2002–2002
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 (19)

CaseCitedYears
Dana Companies v. Chaffee Rentals green
indctapp · 2013
2 sentences

2024Id. [16] A two-tier standard of review is applied to the sua sponte findings and conclusions made: whether the evidence supports the findings, and whether the findings support the judgment.

2024Id.

42014–2024
W & W Equipment Co., Inc. v. Mink green
indctapp · 1991
2 sentences

1995W & W Equipment Co. v. Mink (1991), Ind.App., 568 N.E.2d 564, 569 , reh'g denied, trans. denied.

1993W & W Equipment Co., Inc. v. Mink (1991), Ind.App., 568 N.E.2d 564, 569 .

31992–1995
Trust No. 6011, Lake County Trust Co. v. Heil's Haven Condominiums Homeowners Ass'n green
indctapp · 2012
2 sentences

2019Id.

2019Id.

22019–2019
Eastern Alliance Insurance Group v. Howell green
indctapp · 2010
2 sentences

2016Court of Appeals of Indiana | Memorandum Decision 93A02-1503-EX-176 | January 22, 2016 Page 10 of 17 Howell, 929 N.E.2d at 926 . [18] When reviewing a decision of the Board, we employ a two-tier standard of review.

2016Court of Appeals of Indiana | Memorandum Decision 93A02-1503-EX-176 | January 22, 2016 Page 10 of 17 Howell, 929 N.E.2d at 926 . [18] When reviewing a decision of the Board, we employ a two-tier standard of review.

22016–2016
Ag One Co-Op v. Scott green
indctapp · 2009
2 sentences

2016Scott, 914 N.E.2d at 862-63 .

2016Scott, 914 N.E.2d at 862-63 .

22016–2016
Coffin v. Hollar green
indctapp · 1993
2 sentences

2001Id.

1995Coffin v. Hollar (1998), Ind.App., 626 N.E.2d 586, 589 .

21995–2001
National Advertising Co. v. Wilson Auto Parts, Inc. green
indctapp · 1991
2 sentences

1993TR. 52(A) National Advertising Co. v. Wilson Auto Parts, Inc. (1991), Ind. App., 569 N.E.2d 997 .

1992National Advertising Co. v. Wilson Auto Parts, Inc. (1991), Ind.App., 569 N.E.2d 997 .

21992–1993
Kaminszky v. Kukuch green
indctapp · 1990
2 sentences

1991Kaminszky v. Kukuch (1990), Ind. App., 553 N.E.2d 868 , trans. denied.

1991Kaminszky v. Kukuch (1990), Ind.App., 553 N.E.2d 868 , trans. denied.

21991–1991
Keystone Square Shopping Center Co. v. Marsh Supermarkets, Inc. green
indctapp · 1984
2 sentences

1991The trial court's findings and conclusions will be set aside only if they are clearly erroneous, that is, that the record contains no fact or inferences - supporting them. - Keystone Square v. Marsh Supermarkets, Inc. (1984), Ind.App., 459 N.E.2d 420, 422 .

1987Keystone Square v. Marsh Supermarkets, Inc. (1984), Ind.App., 459 N.E.2d 420, 422 , trans. den.

21987–1991
GOLD BOND BLDG. PROD. DIV., ETC. v. Review Bd., Ind. green
indctapp · 1976
2 sentences

1989"At the first level of review, we examine only the relationship between the premises and the conclusion and ask if the Board's deduction is `reasonable.' (Cites omitted.) The inquiry at this first level of review may be termed a `question of law.' (Cites omitted.) At the second level of review, we inquire into the nexus between the premises or findings of basic facts and the evidence presented to determine if the evidence justified those findings." Id. ( quoting Gold Bond Building Products Division National Gypsum Co. v. Review Board of the Indiana Employment Security Division (1976) 2d Dist.,

1983Under this two-tier standard of review, the Review Board's "finding of ultimate fact" is the conclusion, and the "findings of basic facts" are the premises from which the Review Board deduced its conclusion. - Graham v. Review Board, (1979) Ind.App., 386 N.E.2d 699 . *1345 "At the first level of review, we examine only the relationship between the premises and the conclusion and ask if the Board's deduction is 'reasonable' (Citations omitted.) 'The inquiry at this first level of review may be termed a 'question of law.' (Citations omitted.) "At the second level of review, we inquire into the n

21983–1989
Graham v. Review Board of Indiana Employment Security Division neutral
indctapp · 1979
2 sentences

1989“Under this two-tier standard of review, the Review Board’s ‘finding of ultimate fact’ is the conclusion, and the ‘findings of basic facts’ are the premises from which the Review Board deduced its conclusion.” Graham v. Review Board of the Indiana Employment Security Division (1979) 3d Dist., 179 Ind.App. 497 , 386 N.E.2d 699, 701 .

1989"Under this two-tier standard of review, the Review Board's `finding of ultimate fact' is the conclusion, and the `findings of basic facts' are the premises from which the Review Board deduced its conclusion." Graham v. Review Board of the Indiana Employment Security Division (1979) 3d Dist., 179 Ind. App. 497 , 386 N.E.2d 699, 701 .

21983–1989
Gold Bond Building Products Division National Gypsum Co. v. Review Board of Indiana Employment Security Division neutral
indctapp · 1976
2 sentences

1989"At the first level of review, we examine only the relationship between the premises and the conclusion and ask if the Board's deduction is `reasonable.' (Cites omitted.) The inquiry at this first level of review may be termed a `question of law.' (Cites omitted.) At the second level of review, we inquire into the nexus between the premises or findings of basic facts and the evidence presented to determine if the evidence justified those findings." Id. ( quoting Gold Bond Building Products Division National Gypsum Co. v. Review Board of the Indiana Employment Security Division (1976) 2d Dist.,

1983Under this two-tier standard of review, the Review Board's "finding of ultimate fact" is the conclusion, and the "findings of basic facts" are the premises from which the Review Board deduced its conclusion. - Graham v. Review Board, (1979) Ind.App., 386 N.E.2d 699 . *1345 "At the first level of review, we examine only the relationship between the premises and the conclusion and ask if the Board's deduction is 'reasonable' (Citations omitted.) 'The inquiry at this first level of review may be termed a 'question of law.' (Citations omitted.) "At the second level of review, we inquire into the n

21983–1989
Clark v. Crowe green
indctapp · 2002
2 sentences

2018"A judgment is contrary to law when the evidence is without conflict and all reasonable inferences to be drawn from the evidence lead to only one conclusion, but the trial court reached a different conclusion." Clark v. Crowe , 778 N.E.2d 835 , 839 (Ind. Ct. App. 2002). [24] When the trial court has entered findings of fact and conclusions of law pursuant to Indiana Trial Rule 52 we apply the following two-tier standard of review: whether the evidence supports the findings and whether the findings support the judgment.

2018Id.

12018–2018
Termination of the Parent-Child Relationship of Waltz v. Daviess County Department of Public Welfare neutral
indctapp · 1991
11994–1994
K-Mart Corp. v. Morrison green
indctapp · 1993
11993–1993
Habig Trucking & Excavating, Inc. v. Public Service Commission green
indctapp · 1984
11990–1990
City of Evansville v. Southern Indiana Gas & Electric Co. green
indctapp · 1976
11982–1982
Fadden v. Cambridge Mutual Fire Insurance green
nysupct · 1966
11982–1982
Warren v. Farmers Alliance Mutual Insurance Co. neutral
coloctapp · 1972
11982–1982

Statutes the citing opinions construe

IN § Ind. Code § 31-15-7-4 (6) IN § Ind. Code § 31-15-7-5 (6) IN § Ind. Code § 31-17-2-8 (5) IN § Ind. Code § 31-17-2-15 (3) IN § Ind. Code § 34-52-1-1 (3)

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

IN 71 (1981–2024) OH 47 (1986–2026) LA 21 (1986–2019) WV 11 (1995–2022) CA 10 (1976–2015) NY 9 (1982–2006) MN 7 (1987–2015) PA 7 (1980–2004) ID 7 (1975–2023) TX 7 (1986–2006) IL 5 (1995–2023) NJ 4 (1979–2021) KY 4 (2012–2025) RI 4 (1995–2015) GA 4 (2013–2015) WI 4 (1983–2022) CO 3 (2019–2026) FL 3 (2003–2017) AL 3 (1985–2013) CT 3 (1990–1998) MA 2 (2018–2018) MO 2 (2006–2018) MT 2 (1993–2022) MS 2 (2004–2005) ME 2 (1987–1988)

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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