Kitchell v. Franklin
| Docket Number | 09S00-1307-PL-476 |
| Decision Date | 13 November 2013 |
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57 cases
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League of Women Voters of Ind., Inc. v. Sullivan
...justices have warned that "[c]ourts may not engraft new words onto a statute or add restrictions where none exist." Kitchell v. Franklin , 997 N.E.2d 1020, 1026 (Ind. 2013) (internal quotation omitted).At first glance, Act 334 appears to be consistent with the voter-removal procedures of th......
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Reinoehl v. St. Joseph Cnty. Health Dep't, Dr. Robert M. Einterz, Dr. Mark D. Fox, & Penn-Harris-Madison Sch. Corp.
...to the nonmoving party, with every reasonable inference construed in the non-movant's favor.’ " Id. (quoting Kitchell v. Franklin , 997 N.E.2d 1020, 1025 (Ind. 2013) ). We review a trial court's grant or denial of a Trial Rule 12(B)(6) motion de novo. Id. "We will not affirm such a dismissa......
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Serv. Steel Warehouse Co. v. U.S. Steel Corp.
...§ 32-28-3-1(a)(1)(A) (cleaned up). We may not engraft new words onto a statute or add restrictions where none exist. Kitchell v. Franklin , 997 N.E.2d 1020, 1026 (Ind. 2013).[12] Second, our Supreme Court has interpreted the erection requirement of Indiana's mechanic's lien statute to mean ......
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Grdinich v. Plan Comm'n for the Town of Hebron
...App. 2015), trans. denied (2016). Such motions test the legal sufficiency of the claim, not the facts supporting it. Kitchell v. Franklin , 997 N.E.2d 1020, 1025 (Ind. 2013). Dismissals under Trial Rule 12(B)(6) are "rarely appropriate." State v. Am. Family Voices, Inc. , 898 N.E.2d 293, 29......
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