Legal Opinion

Garling v. Indiana Department of Natural Resources

Indiana Court of Appeals

Decided April 5, 2002No. 09A02-0101-CV-7PublishedCited by 45 opinions

1Opinion of the Court

OPINION ON REHEARING

VAIDIK, Judge.

Karen L. Garling petitions for rehearing on Garling v. Indiana Department of Natural Resources, 756 N.E.2d 1029 (Ind.Ct.App.2001). In that opinion, we held that Lake Cicott is a public freshwater lake. In reaching this conclusion, we incorrectly indicated that Garling was appealing from a negative judgment. However, because we correctly applied a "clearly erroneous" standard of review, we find our improper characterization to be of no consequence to our ultimate holding in the case.

Upon Garling's motion, the trial court entered findings of fact and…

2Cases cited5 opinions

  1. Chidester v. City of HobartIndiana Supreme Court · 1994
  2. Oil Supply Co. v. Hires Parts Service, Inc.Indiana Supreme Court · 2000
  3. Steinkuehler v. WempnerIndiana Supreme Court · 1907
  4. Blairex Laboratories, Inc. v. ClobesIndiana Court of Appeals · 1992
  5. Garling v. Indiana Department of Natural ResourcesIndiana Court of Appeals · 2001

3Cited by45 opinions

  1. Romine v. GagleIndiana Court of Appeals · 2003
  2. McCauley v. HarrisIndiana Court of Appeals · 2010
  3. Kenneth W. Smith and Deb-Anne Smith v. Dermatology Associates of Fort Wayne, P.C. a/k/a Dermatology & Laser Surgery Associates of Fort Wayne, P.C.Indiana Court of Appeals · 2012
  4. Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.Indiana Court of Appeals · 2012
  5. Bowyer v. Indiana Department of Natural ResourcesIndiana Court of Appeals · 2011

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