David and Rojean Molloy were battling for custody of their two children. The trial court appointed the Cook County, Illinois public guardian to represent the children. A custody evaluation by a social worker was scheduled under the Marriage Dissolution Act. Rojean, who did not have a lawyer, asked the trial…
Articles Posted in Illinois Supreme Court Rules
Subpoenaed Minor A “Party” Under Illinois Leave To Appeal Rule
Elizabeth Macknin got an emergency order of protection against her ex-husband, David Macknin. Elizabeth claimed David abused I.M., Elizabeth’s daughter from a previous marriage to Markrack. Elizabeth asserted that David intended to abuse E.M., their own biological daughter. David asked the trial court to strike the petition. In response, the…
Appellate Court Considers Question Not Raised By Either Insurer In Automobile Coverage Dispute
While driving his Chevy, Brian Berry hit Lisa Villarreal. Founders Insurance had issued automobile insurance that covered Berry ‘s Chevy. Berry also had an insurance policy with Mid-Century Insurance. Berry thought the Mid-Century policy covered his Dodge. But the policy listed the Chevy as the covered vehicle. Villareal, who was…
No Jurisdiction For Interlocutory Appeal In SLAPP Lawsuit
Robert Stein and Clinton Krislov both are attorneys. Stein sued Krislov and his lawfirm for libel. The alleged libelous statements were made in a letter Krislov wrote to a federal judge who was presiding over a class action case. Krislov’s letter stated that Stein misrepresented to the court his experience…
Premature Appeal Invokes Appellate Jurisdiction After Ruling On Insurer’s Sanctions Request
Maggie and Keith Yunker were in a car accident in August 2006. Unfortunately for them, their business automobile insurance policy expired two months earlier because they did not pay the premium. The insurer, Pekin Insurance, refused to pay medical expenses Maggie sustained in the accident. The Yunkers felt they were…
No Appellate Jurisdiction Over Landlord Not Explicitly Identified On Notice Of Appeal
Andrea Coleman sued Christina Udoh and her husband, Nsikak Akpakpan, for violating the Chicago Residential Landlords and Tenants Ordinance. The case was arbitrated, and Coleman was awarded $20,600. The trial court barred Udoh and Akpakpan from rejecting the arbitration award, so they appealed. Representing herself, Udoh filed her own notice…
Trial Court’s Dismissal Of Appeal Deprives Appellate Court Of Jurisdiction
Bernstein and Grazian had a falling out, so they folded their law practice. Grazian started his own firm, and took some cases with him from the firm he had with Bernstein. The two lawyers fought over how much each should be paid for those files. Bernstein sued Grazian, who countersued…
Landowner Ordered To Pay Appellate Attorney Fees In Due Process Dispute
Leland Stahelin and JES Ventures owned property that bordered the Morton Arboretum in DuPage County, Illinois. The county forest preserve and the arboretum wanted to preserve the property in its undeveloped state. After purchase negotiations failed, the forest preserve sued the owners in a condemnation suit, then withdrew the suit.…
Anonymity of Internet Posters Reviewed De Novo
This is an important Illinois case inasmuch as it has generated one of just a handful of appellate opinions that deal directly with the law as applied to internet use and political speech. Donald Maxon claimed he was defamed by comments posted by unidentified members of the public on a…
Supreme Court Rule Reviewed De Novo
I get this question a lot: What is the standard of review for interpretation of a state supreme court rule? Here’s the answer: “Because Garlock’s argument involves the construction of a supreme court rule, our review is de novo … When interpreting a supreme court rule, a reviewing court should…