Midwest Builder Distributing, supplied cabinets and appliances to Lord and Essex, a homebuilder. Midwest sued Lord and Essex for nonpayment of goods delivered. The case was tried, and Midwest got a judgment against Lord and Essex. Lord and Essex appealed, but there was a big procedural problem in the appellate…
Articles Posted in Appellate Record
Appeal Doomed For Lack Of Trial Court Transcript
Fritz Redelmann was a custodian for the Rolling Meadows Park District. He sued the Park District and a number of chemical and product manufacturers, claiming that he sustained neurological problems from exposure to their products while he was on the job. After Redelmann filed an eighth amended complaint, three of…
Fourth District Appellate Court Pieces Together Inadequate Record
Katherine Adams claimed that defendants negligently removed her gallbladder, so she sued them. She got a jury verdict for more than $560,000. After their motions for a new trial were denied, defendants appealed. They claimed it was an abuse of discretion for the trial court to refuse to allow certain…
No Waiver Of Appellate Argument That Depended On Evidence Not In Appellate Record
Alex T. was involuntarily admitted for mental health treatment. However, at the time the circuit court granted the State’s petition to have Alex admitted, a felony charge was pending against him. Alex argued that the order admitting him for mental health treatment was void. He based his argument on the…
No Brief Doesn’t Matter. First District Illinois Appellate Still Affirms Judgment For Appellee.
This case presents a messy insurance dispute over who would pay a judgment arising from an auto accident. The judgment, and thus the amount in dispute, was for $8,400. Plaintiff insurance company brought a garnishment action against the defendant insurance company. Plaintiff’s summary judgment motion was denied, and defendant was…
Appeal Stands Despite Litany Of Deficiencies In Brief
Plaintiff bought a car that he claimed had an “unremediated defect.” He appealed after his case was dismissed at trial. The appellate opinion contains a list of horribles in plaintiff’s brief and the record — misleading Points and Authorities and Issues sections, lack of citation to the record, an incomplete…
Leave To Supplement Appellate Record Denied By Second District Illinois Appellate; Reply Brief Stricken For Lack Of Service
Steven Sharp was held in contempt for failure to pay maintenance and child support. He appealed the contempt ruling, and also requested review of the underlying support order. The appellate court affirmed. Steven’s income was primarily from a trust. He argued that it was a spendthrift trust, and that the…
No Mootness, No Waiver, No Rehearing In Psychotropic Drug Case
Unfit to stand trial for telephone harassment, Leslie H. was admitted to the Elgin Mental Health Center. Her psychiatrist petitioned to involuntarily administer psychotropic medication to her. A public defender represented her on the petition to administer the drugs. Leslie’s attorney in the criminal defense matter was not given notice…
Illinois Second District Appellate Court: (1) No Objection, No Matter, No Waiver. (2) Appellate Court Not Restricted By Record In Frye Assessment. (3) Standard Of Review Manifest Weight In Release of Sexually Violent Person.
A sex offender, who was committed as a sexually violent person, petitioned for release. Three rulings bear upon appellate practice: • Whether expert testimony that relied on a penile plethysmograph (“PPG”) was admissible under the Frye standard did not require an objection at trial; the motion in limine to exclude…