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Illinois Appellate Lawyer Blog

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Unconstitutional For Illinois SLAPPs Act To Grant Appellate Jurisdiction Over Interlocutory Order

Louis Mund sued the Browns and the Furkins for abuse of process, malicious prosecution, and intentional infliction of emotional distress. The Browns and the Furkins asked the trial court to dismiss the case. They argued that the Illinois Citizen Participation Act (statute that “aims to protect defendants from ‘Strategic Lawsuits…

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De Novo Standard Of Review For Petition To Vacate Dismissal When Trial Court Does Not Take Testimony

Christopher Mills sued Ryan McDuffa. Mills claimed he was injured when his car was rear ended by McDuffa. Two of Mills’s attorneys withdrew, and when Mills did not appear for a court hearing his case was dismissed for want of prosecution. About four months later, a new lawyer for Mills…

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Unfounded Motion To Reconsider Judgment Extends Time To File Appeal

James Bertell was involuntarily committed to the Rockford Memorial Hospital. James sued the hospital, claiming its petition for involuntary commitment was late. The circuit court disagreed and dismissed James’s complaint. After the trial court denied James’s motion for reconsideration of the dismissal, James appealed within the 30-day deadline. Nevertheless, the…

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Permanent Disgorgement And Removal From Company Board Not Appealable Interlocutory Orders

Rick Santella fought with family members over control of Food Groupie, Inc., a closely held family corporation. Santella, and Mary and William Kolton were co-owners of the company. Santella sued the Koltons after they gave themselves bonuses and commissions, and stated their intention to close Food Groupie and to open…

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Conditional Order Renders Appeal In Attorney Fee Dispute Moot

Clyde Engle was locked in a battle over payment of attorney fees to Foley and Lardner. Foley represented Engle in federal court litigation involving an insurance liquidation. Engle’s unpaid bill was for more than $1.8 million. Engle agreed to pay Foley over time, and pledged his interest in bank stock…

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Appellate Jurisdiction Okay Over Judge Substitution Motion Not Identified In Notice Of Appeal

The O’Briens were involved in a divorce case. John O’Brien questioned some of the actions of the trial judge and thought the judge was biased. John asked for substitution of the judge. John’s request was heard by a second judge, who denied it because of a lack of evidence of…

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Appeal Before Ruling On Right To Tax Deed Premature

Dennis Ballinger owned a communications tower that was erected on property in Hancock County, Illinois. He filed a petition to obtain a tax deed for the property. Pettit Land, LLC. disputed Ballinger’s petition. Pettit claimed it owned the land, but not the tower, and that it properly paid taxes for…

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Reconsideration Motion Untimely So Illinois Supreme Court Dismisses Appeal

The Illinois Supreme Court recently reversed the appellate court and dismissed Jennifer Keener’s appeal. Jennifer sued the City of Herrin on behalf of Chelsea Keener’s estate. Chelsea had been taken into custody by Herrin police for unlawful consumption of alcohol. After the police let Chelsea leave, she was struck by…

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End-Of-Paragraph Fact Cites Comply With Illinois Supreme Court Rules

Charles Gaston sued the City of Danville, Illinois for the wrongful death of his son. Charles appealed after the trial court entered summary judgment in favor of the city. The record citations in the fact section of the city’s appellate brief were placed at the end of each paragraph, rather…

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No Deference For Trial Court In Review Of Insurer’s Declaratory Judgment Case

Pekin Insurance Company and Hallmark Homes disputed insurance coverage for a personal injury lawsuit filed by Bremer, the employee of another contractor at a construction site. Bremer sued Hallmark and MC Builders. Hallmark was named as an additional insured on MC’s insurance policy with Pekin. Hallmark asked Pekin to defend…

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