This appeal arises from Nancy Knoerr’s post-dissolution petitions to increase child support and to force her ex-husband, David, to contribute to college expenses of one of their children. David moved for reconsideration after Nancy got a favorable result on her petitions. Nancy then petitioned for a rule to show cause,…
Illinois Appellate Lawyer Blog
7th Circuit Requires Accurate Affidavit From Prisoner To Comply With Mailbox Rule
Malcom Rush was incarcerated in Waupun Correctional Institution in Wisconsin. He appealed after the federal district court denied his petition for a writ of habeas corpus. But Rush’s Notice of Appeal did not get filed within the 30-day deadline. The issue was whether Rush complied with Federal Rule of Appellate…
Daughter Turning 18 Renders Grandparent Visitation Case Moot
I reported on Felzak v. Hruby, a grandparent visitation case out of the Second District Appellate Court, in December 2006. Then, the important point concerned waiver on appeal of a due process argument. Here is the original post on the case. Now, on appeal to the Illinois Supreme Court, the…
Consumer Wins Credit Card Battle, But Appealable Orders Elude Her
Resurgent Financial took an assignment of credit card receivables from MBNA. Joan Kelly’s account was included among those assigned to Resurgent, or so Resurgent claimed. Kelly said she didn’t owe anything, and refused to pay Resurgent, so Resurgent sued her. Kelly served requests for admission on Resurgent, which Resurgent did…
Fifth District Illinois Appellate Court Without Jurisdiction To Allow Permissive Appeal Of Forum Motion
Janet Chochorowski rented a power tiller from a Home Depot in Missouri. She claimed she did not want to purchase a damage waiver, but that she was charged for it anyway. She turned her grievance into a class action lawsuit in Illinois. Janet’s breach of contract and unjust enrichment claims…
No Transcript, No Worry. But Lack Of Exhibits Kills Appeal.
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…
Illinois Supreme Court To Post Oral Arguments On Web
Oral arguments in the Illinois Supreme Court will be posted on the web. The court announced in a press release on 12/7/07 that video and audio recordings of arguments will be available beginning in January 2008. Posting arguments made in the court will slice some stealth from a primary branch…
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…
Illinois Supreme Court Vacates Appellate Ruling On Interlocutory Order.
In a battle between insurance company titans, State Farm sued Illinois Farmers for a declaration that the “step down” provisions in the Farmers’ automobile policies were unenforceable because they were against public policy. (“Step down” provisions allow the insurer to reduce policy limits when the driver of the insured vehicle…
Trial Court Oversteps Authority In Directing Notice Of Appeal To Be Filed For Defendant
Walter Lofton pleaded guilty to charges of aggravated battery and criminal damage to government-supported property. He was sentenced to four years imprisonment on the battery count, and three concurrent years on the damage to property count. After sentencing, Lofton was admonished about his right to appeal. When told of his…