In this multi-count business dispute, Fidelity National Title Insurance sued a number of parties. The trial court granted summary judgment to defendants on all but one count of the complaint. A breach of contract claim still remained against Old Intercounty. About three weeks later, the trial court ruled that Old…
Illinois Appellate Lawyer Blog
Lawsuit To Prevent Spending For Stem Cell Research Moot On Appeal
Richard Caro wanted to prevent Illinois funds from being spent for stem cell research. The research had been mandated by the governor’s executive orders. Caro sued the Director of the Illinois Department of Health to prevent him from disbursing funds for that purpose. The trial court ruled that the case…
Trial Court’s “Final And Appealable” Order Not Necessarily So
This mortgage foreclosure action reminds us that just because a trial court says its order is final and appealable, it’s not necessarily so. GMB Financial Group held a mortgage on property owned by Michele Marzano. GMB sued to foreclose on the mortgage. Michele did not timely enter an appearance in…
Huskie’s Owner Confuses Manifest Weight Standard Of Review With Burden Of Proof At Trial
Molly, a dachshund, was mauled by Cosmo, a Siberian Huskie. Mark and Mindy Leith, Molly’s owners, sued Andrew Frost, Cosmo’s owner, for tortious damage to property. After a bench trial, a judge awarded nominal damages to Mark and Mindy. They thought they should have been awarded the several thousand dollars…
Objection To Expert Waived Where “Speculation” Argument Not Asserted During Testimony
Seven year old Linnea Johnson was kicked by Gambler, a horse that was being boarded at Top Brass Horse Farm. Linnea suffered permanent kidney damage. She and her mother sued William and Ramona Johnson, Gambler’s owners. After a trial, a jury ruled in favor of William and Ramona, so Linnea…
Car Dealership Waives Fraud Argument Because Of Insufficient Record
Traci Hanson-Suminski bought a Honda from Rohrman Midwest Motors. The car salesman told Traci that the car had not been in an accident. Traci found out otherwise when she tried to sell the car. Unable to reach a satisfactory agreement with the Rohrman, Traci sued for common law fraud and…
Fact Findings On Summary Judgment Get No Deference On Appeal
Two children died after they were trapped by a “quick” condition at an excavation pit. They became stuck in sand and clay at the pit, and died of hypothermia or drowning. The children’s estates sued the owner of the excavation pit, who tendered the claims to his insurer. The insurer…
No Appellate Jurisdiction Where Mailed Notice Of Appeal Unaccompanied By Affidavit
Secura Insurance Company had a coverage dispute with Farmers Insurance Company. Both companies made summary judgment motions. Farmers’ was granted; Secura’s was denied. Secura appealed. The company mailed its notice of appeal to the court on the deadline day to appeal, so of course the court did not receive it…
Filing Notice of Appeal In Appellate Court Does Not Confer Appellate Jurisdiction
Gerald Swinkle was denied a job with the Illinois Liquor Control Commission. He filed a claim against the liquor commission in the Illinois Civil Service Commission. He charged that the liquor commission’s hiring practice violated a veteran’s preference provision in the Illinois Administrative Code. The Civil Service Commission ruled that…
Appellate Court Reviews Exclusion Of Judicial Inquiry Board Complaint In Defamation Action
David Naleway and his minor daughter sued the girl’s aunt, Karen Agnich, for defamation after Agnich accused David of sexually abusing the daughter. David and daughter appealed from a jury verdict in favor of Agnich. Two issues are notable for appellate practitioners. During the trial, Naleway tried to introduce a…