may consider factors (Indiana) · Go Syfert
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may consider factors in Indiana

59 Indiana opinions name it 3 courts 1981–2025 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 (16)

CaseFollowedCited
Selke v. Selkegreen
ind · 1992 · cited in 10 Indiana opinions naming this issue, 1994–2015
2 sentences

2015Id.

1994In assessing attorney's fees, the court may consider such factors as the amount of assets awarded to the parties, the relative earning ability of the parties, and which party initiated the action." Selke, supra, at 102 .

310
Meade v. Levettgreen
indctapp · 1996 · cited in 4 Indiana opinions naming this issue, 1997–2012
2 sentences

2012Meade v. Levett, 671 N.E.2d 1172 (Ind. Ct. App. 1996).

2004Meade v. Levett, 671 N.E.2d 1172, 1179 (Ind.Ct.App.1996).

24
Dougherty v. Leavellgreen
indctapp · 1991 · cited in 3 Indiana opinions naming this issue, 1998–2014
2 sentences

2014“When determining the amount of a reasonable attorney fee, ‘the court may consider such factors as the hourly rate, the result achieved ... and the difficulty of the issues.’ ” Heiligenstein v. Matney, 691 N.E.2d 1297, 1304 (Ind.Ct.App.1998) (emphasis added) (quoting Dougherty v. Leavell, 582 N.E.2d 442, 443 (Ind.Ct.App.1991)).

1998When determining the amount of a reasonable attorney fee, “the court may consider such factors as the hourly rate, the result achieved ... and.the difficulty of the issues.” Dougherty v. Leavell, 582 N.E.2d 442, 443 (Ind.Ct.App.1991).

23
Riddle v. Riddlegreen
indctapp · 1991 · cited in 3 Indiana opinions naming this issue, 1992–1996
2 sentences

1996See Riddle v. Riddle, 566 N.E.2d 78, 83 (Ind.Ct.App.1991); Canaday v. Canaday, 467 N.E.2d 783, 785 (Ind.Ct.App.1984).

1996See Riddle v. Riddle, 566 N.E.2d 78, 83 (Ind.Ct.App.1991); Canaday v. Canaday, 467 N.E.2d 783, 785 (Ind.Ct.App.1984).

23
Champlain v. Stategreen
ind · 1999 · cited in 2 Indiana opinions naming this issue, 2016–2017
2 sentences

2016The trial court may consider factors such “as the defendant’s financial information, health, and employment history.” Champlain v. State, 717 N.E.2d 567, 570 (Ind. 1999).

2016The trial court may consider factors such “as the defendant’s financial information, health, and employment history.” Champlain v. State, 717 N.E.2d 567, 570 (Ind.1999).

22
In re Marriage of Bartleygreen
indctapp · 1999 · cited in 5 Indiana opinions naming this issue, 2002–2018
2 sentences

2018Id.

2015In awarding attorney fees, “the court may consider such factors as the resources of the parties, the relative earning ability of the parties, and other factors which bear on the reasonableness of the award.” In re Marriage of Bartley, 712 N.E.2d 537, 546 (Ind. Ct. App. 1999).

15
Canaday v. Canadaygreen
indctapp · 1984 · cited in 3 Indiana opinions naming this issue, 1991–1996
2 sentences

1996See Riddle v. Riddle, 566 N.E.2d 78, 83 (Ind.Ct.App.1991); Canaday v. Canaday, 467 N.E.2d 783, 785 (Ind.Ct.App.1984).

1996See Riddle v. Riddle, 566 N.E.2d 78, 83 (Ind.Ct.App.1991); Canaday v. Canaday, 467 N.E.2d 783, 785 (Ind.Ct.App.1984).

13
Olcott International & Co. v. Micro Data Base Systems, Inc.green
indctapp · 2003 · cited in 2 Indiana opinions naming this issue, 2006–2025
2 sentences

2025Id. (citing Olcott Int’l & Co. v. Micro Data Base Sys., 793 N.E.2d 1063, 1079 (Ind. Ct. App. 2003), trans. denied); see also Ind. Professional Conduct Rule 1.5(a).

2006Id.

12
Gilbert v. Gilbertgreen
indctapp · 2002 · cited in 2 Indiana opinions naming this issue, 2016–2017
2 sentences

2017Id. [14] In assessing attorney fees, the court may consider such factors as the resources of the parties, the relative earning ability of the parties, and other factors that bear on the reasonableness of the award.

2016Gilbert v. Gilbert, 777 N.E.2d 785, 795 (Ind.Ct.App.2002).

12
Lisa B. Gonzalez v. R. Stanton Evansgreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018Although that was indeed the type of information sought in Gonzalez , as well as in the IBM case upon which Gonzalez relied, we also stated that attorney consultation by a nonparty was permissible "to determine whether there is any legal basis to object to the subpoena." Gonzalez , 15 N.E.3d at 637 (emphasis added).

11
Julie D. Himes v. Todd A. Himes (mem. dec.)green
indctapp · 2016 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017Himes v. Himes, 57 N.E.3d 820, 830 (Ind. Ct. App. 2016), trans. denied.

11
Amanda Dillon v. Matthew Dillongreen
indctapp · 2015 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Dillon v. Dillon, 42 N.E.3d 165, 168 (Ind. Ct. App. 2015). 9 Thus, the trial court did not simply state that the GAL “testified” that Father would foster a more supportive environment than Mother, as Mother claims in her brief.

11
Heiligenstein v. Matneygreen
indctapp · 1998 · cited in 1 Indiana opinions naming this issue, 2014–2014
1 sentence

2014“When determining the amount of a reasonable attorney fee, ‘the court may consider such factors as the hourly rate, the result achieved ... and the difficulty of the issues.’ ” Heiligenstein v. Matney, 691 N.E.2d 1297, 1304 (Ind.Ct.App.1998) (emphasis added) (quoting Dougherty v. Leavell, 582 N.E.2d 442, 443 (Ind.Ct.App.1991)).

11
Farthing v. Farthinggreen
indctapp · 1978 · cited in 1 Indiana opinions naming this issue, 2014–2014
2 sentences

2014Farthing v. Farthing, 178 Ind. App. 336, 341 , 382 N.E.2d 941, 945 (1978).

2014Farthing v. Farthing, 178 Ind. App. 336, 341 , 382 N.E.2d 941, 945 (1978).

11
City of Hammond v. Board of Zoning Appealsgreen
indctapp · 1972 · cited in 1 Indiana opinions naming this issue, 2012–2012
2 sentences

2012In City of Hammond v. Board of Zoning Appeals, 152 Ind. App. 480, 486 , 284 N.E.2d 119, 124 (1972), we held an attack on a court’s jurisdiction is not a decision on the merits, but instead determines only whether the court may consider the claim.

2012In City of Hammond v. Board of Zoning Appeals, 152 Ind. App. 480, 486 , 284 N.E.2d 119, 124 (1972), we held an attack on a court’s jurisdiction is not a decision on the merits, but instead determines only whether the court may consider the claim.

11
Gordon v. Purdue Universitygreen
indctapp · 2007 · cited in 1 Indiana opinions naming this issue, 2012–2012
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 (22)

CaseCitedYears
Martin Richard Himsel, Janet Himsel, Robert Lannon, and Susan Lannon v. Indiana Pork Producers Association and Livestock Engineering Solutions green
indctapp · 2018
2 sentences

2020“In addition, a court may consider the factors listed in Indiana Professional Conduct Rule 1.5(a) governing the reasonableness of a fee for disciplinary purposes, but it is not required to expressly do so.” Id. at 113-14 . [31] At the hearing on Attorney York’s petition for appellate attorney fees, Attorney York presented evidence that he spent 453.20 hours addressing appellate issues.

2020“In addition, a court may consider the factors listed in Indiana Professional Conduct Rule 1.5(a) governing the reasonableness of a fee for disciplinary purposes, but it is not required to expressly do so.” Id. at 113-14 . [35] Smarte Carte first argues that the fees incurred prior to July 2012, when the “issue of separate counsel was apparently first asserted”; and the fees incurred prior to December 2012, when Smarte Carte filed an answer to the cross-claim, should have been excluded.

22020–2020
Ratliff v. Ratliff green
indctapp · 2004
2 sentences

2014“When determining whether an award of attorney fees is appropriate, the court may consider such factors as the resources of the parties, the relative earning ability of the parties, and other factors that bear on the reasonableness of the award.” Id.

2006"When determining whether an award of attorney fees is appropriate, the court may consider such factors as the resources of the parties, the relative earning ability of the parties, and other factors that bear on the reasonableness of the award." Id.

22006–2014
Bower v. Bower green
indctapp · 1998
2 sentences

2008Id.

2002Id.

22002–2008
Marriage of Collier v. Collier green
ind · 1998
2 sentences

2000Id.

2000Id.

22000–2000
In re the Marriage of Tearman green
indctapp · 1993
2 sentences

1998Id.

1998Id.

21998–1998
Page v. State green
ind · 1980
2 sentences

1981The court shall make a record of the hearing, including: (1) a transcript of the hearing; (2) a copy of the presentence report; and (3) if the court finds aggravating circumstances or mitigating circumstances, a statement of the court's reasons for selecting the sentence that it imposes.” (Emphasis added.) Furthermore, we note, under Ind.Code 353-4.1-4-7(c), (d), factors which the court may consider as aggravating circumstances; the statute provides: “(c) The court may consider these factors as aggravating circumstances or as favoring imposing consecutive terms of imprisonment: (1) The person

1981The court shall make a record of the hearing, including: (1) a transcript of the hearing; (2) a copy of the presentence report; and (3) if the court finds aggravating circumstances or mitigating circumstances, a statement of the court’s reasons for selecting the sentence that it imposes.’ (Emphasis added.) Furthermore; we note, under Ind.Code 35-4.1—4-7(c), (d), factors which the court may consider as aggravating circumstances; the statutes provide: ‘(c) The court may consider these factors as aggravating circumstances or as favoring imposing consecutive terms of imprisonment: (1) The person h

21981–1981
Dempsey v. Carter green
indctapp · 2003
1 sentence

2025Id. (citing Olcott Int’l & Co. v. Micro Data Base Sys., 793 N.E.2d 1063, 1079 (Ind. Ct. App. 2003), trans. denied); see also Ind. Professional Conduct Rule 1.5(a).

12025–2025
Dana Companies v. Chaffee Rentals green
indctapp · 2013
1 sentence

2024Id. [17] Indiana Code Section 31-17-2.2-2 provides: (a) If a party provides notice of relocation at an initial hearing to determine custody, the court may consider the factors set forth in this chapter in the court’s initial custody determination.

12024–2024
Sabo v. Sabo green
indctapp · 2006
1 sentence

2018Sabo v. Sabo , 858 N.E.2d 1064 , 1068 (Ind. Ct. App. 2006). [17] Further, INDIANA CODE § 31-17-2.2-2(a) provides that "if a party provides notice of relocation at an initial hearing to determine custody, the court may consider the factors set forth in this chapter in the court's initial custody determination." Those relocation factors are as follows: (1) The distance involved in the proposed change of residence. (2) The hardship and expense involved for the nonrelocating individual to exercise parenting time or grandparent visitation. (3) The feasibility of preserving the relationship between

12018–2018
Uthman Cavallo, M.D. v. Allied Physicians of Michiana, LLC green
indctapp · 2015
1 sentence

2018In addition, a court may consider the factors listed in Indiana Professional Conduct Rule 1.5(a) governing the reasonableness of a fee for disciplinary purposes, but it is not required *114 to expressly do so. 7 Id. at 1009-10 . [31] We first reject the Plaintiffs' suggestion that under Trial Rule 34(C)(3) and Gonzalez , a nonparty is only entitled to attorney fees with respect to evaluating whether a subpoena is seeking confidential or otherwise sensitive information.

12018–2018
McGuire v. McGuire green
indctapp · 2008
1 sentence

2018McGuire v. McGuire , 880 N.E.2d 297 , 303 (Ind. Ct. App. 2008).

12018–2018
Cynthia Bell v. State of Indiana green
ind · 2016
1 sentence

2017“The trial court may consider factors such ‘as the defendant’s financial information, health, and employment history.’” Id.

12017–2017
John Luttrell v. Melinda Luttrell green
indctapp · 2013
1 sentence

2015Id. [45] In this case, the trial court noted in its dissolution decree that, with respect to an award of attorney’s fees, “Husband earns significantly more than the Wife.” Appellant’s App. p. 118.

12015–2015
Quillen v. Quillen green
ind · 1996
1 sentence

2014Quillen, 671 N.E.2d at 103 (quoting Selke v. Selke, 600 N.E.2d 100, 102 (Ind.1992)).

12014–2014
Anglemyer v. State green
ind · 2007
1 sentence

2013The court stated that "[elven if it was at the consent and urging of somebody else, he was aware of what the law was and the possible ramifications of speeding." Id. at 623 .

12013–2013
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
12009–2009
Matter of Buker neutral
ind · 1993
11997–1997
Skinner v. Skinner green
indctapp · 1994
11996–1996
Warfield v. State green
ind · 1981
11985–1985
General Grain, Inc. v. Goodrich green
indctapp · 1966
11985–1985
Page v. State green
ind · 1981
11983–1983
Inman v. State green
ind · 1979
11981–1981

Statutes the citing opinions construe

IN § Ind. Code § 31-16-11-1 (10) IN § Ind. Code § 31-17-2-8 (9) IN § Ind. Code § 31-16-8-1 (7) IN § Ind. Code § 31-17-2-21 (6) IN § Ind. Code § 31-16-6-2 (4) IN § Ind. Code § 31-16-6-6 (4) IN § Ind. Code § 31-17-4-2 (4) IN § Ind. Code § 31-15-10-1 (3) IN § Ind. Code § 31-15-7-4 (3) IN § Ind. Code § 31-16-6-1 (3) IN § Ind. Code § 31-17-2.2-1 (3) IN § Ind. Code § 31-17-2.2-2 (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 59 (1981–2025) MI 47 (1985–2025) TX 45 (1984–2025) CA 45 (1965–2026) NY 41 (1977–2026) OH 27 (1998–2025) IL 20 (1977–2024) AL 20 (1984–2025) PA 13 (1987–2024) VA 13 (2003–2025) LA 13 (1989–2021) CO 12 (2003–2025) CT 11 (1981–2024) MO 11 (1975–2021) NE 11 (1988–2025) WI 10 (1992–2026) FL 8 (1989–2023) OR 7 (1992–2018) WA 7 (1913–2023) OK 7 (1993–2017) AR 6 (1980–2025) ID 6 (1984–2023) AZ 5 (2009–2017) NH 5 (1979–2022) NJ 5 (2012–2026) MN 4 (1993–2000) ME 4 (2015–2025) DC 4 (1999–2024) MS 4 (1986–2022) KS 3 (2011–2021) NM 3 (2010–2024) GA 3 (1920–2021) DE 3 (2015–2015) MA 2 (1994–2019) AK 2 (1997–2015) ND 2 (1980–1986) TN 2 (2015–2018)

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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