Tommy Hardin had been convicted of aggravated sexual crimes three times. Just before his mandatory supervised release period, the State petitioned for Hardin’s civil commitment under the Illinois Sexually Violent Persons Commitment Act. After an evidentiary hearing, the trial court ruled there was no probable cause to believe Hardin was…
Illinois Appellate Lawyer Blog
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…
Manifest-Weight-Of-The-Evidence Standard For Review Of Denial Of Request To Vacate Judgment
Clarence Domingo sued the builder of his house, Vito Guarino, for breach of contract and violation of the Illinois consumer fraud act. Clarence got a default judgment, which Vito tried to get vacated under Illinois Code of Civil Procedure § 2-1401. The trial court held an evidentiary hearing on Vito’s…
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…
“Two Issue Rule” Saves General Verdict For Doctor In Medical Malpractice Case
Wanda Boone died after her surgeon did not remove a cancerous tumor from her colon during a first surgery. The tumor was removed during a second surgery five days later. Wanda’s estate sued the surgeon, James Boffa, for medical malpractice, claiming Wanda died from the stress of the second surgery.…
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.…
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Notice Of Appeal Fails To Confer Appellate Jurisdiction In Legal Malpractice Case
The beneficiaries of the Victoria R. Fitch Trust sued McDermott Will and Emery, the law firm that drafted Victoria’s estate plan, and Dietrich and Dietrich, the accounting firm that advised Victoria. The beneficiaries alleged a variety of legal claims for mishandling the estate plan. The first count of the Complaint…
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…
Failure To Object At Trial Forfeits Appeal Of Violation Of Favorable Pre-Trial Evidentiary Ruling
This opinion is useful because it reiterates the point that a favorable pre-trial evidentiary ruling may not be sufficient to preserve the issue for appeal if your opposing counsel violates the ruling at trial. You must object at trial when the evidence is offered. In this medical malpractice case, the…