Rhonda Gilley broke her ankle when she slipped on unsecured carpeting in an apartment building. She sued the landlord for negligently maintaining the property. The landlord moved for summary judgment, and prevailed. Rhonda moved for reconsideration and to file an amended complaint. Her reconsideration motion was denied, but she was…
Illinois Appellate Lawyer Blog
In Case Of First Impression, First District Illinois Appellate Asserts Jurisdiction Over Appeal Filed 78 Days After Judgment
Rogers Auto Service was sued by a lender, Bell Leasing Brokerage, for wrongfully towing an automobile in which Bell had a perfected security interest. The trial court entered judgment for Bell. Rogers appealed, but Bell contested appellate jurisdiction because, Bell contended, the Notice of Appeal was late. On the day…
Summary Judgment In Declaratory Judgment Action Final Despite Pending Questions
Universal Insurance Co. sued Judge & James for legal malpractice. Universal claimed that J&J did not file a timely notice of appeal after a summary judgment against Universal was entered in a declaratory judgment action. J&J had represented Universal in the declaratory judgment case brought by Heflin, an auto accident…
Post-Judgment Motion For Sanctions Tolls Time To Appeal
A class action against the manufacturer of a defective bicycle lock was settled. But certain class members, who had their own class action cases in other states, were unhappy with the settlement. They attempted to intervene to prevent the settlement. Their intervention motion was denied. The trial court entered a…
Trial Court Without Power After Reversal Without Remand
In this procedurally complicated case, Draper and Kramer sued Dalan/Jupiter and Trammel Crow for breach of contract. Draper prevailed in a bench trial, but its judgment was reversed, without remand, on appeal. Nonetheless, back in the trial court, Dalan moved for its attorney fees. The trial court concluded that it…
Illinois Judicial Campaign Regulation Bill Dead For Now
A bill that would establish public funding for campaigns for Illinois appellate and supreme courts stalled at the end of the General Assembly Spring session. I’ve reported occasionally about the status of SB 0222. The bill would give primary winners for the appellate and supreme court seats public money for…
Split First District Appellate Court Rules Clearly Erroneous Standard Applies In Election Law Dispute
In this election law case, the incumbent disputed her challenger’s petition signatures. The incumbent claimed that the challenger sat in her car while others approached voters’ houses and obtained nomination petition signatures. The incumbent signed the petitions as the circulator, who the statute requires to be present when the petition…
Failure To Plead Enough Special Circumstances Dooms Appeal
Plaintiff, a pedestrian, was injured in a car accident that happened when the police chased a stolen rental car. Plaintiff was hit by the rental car. She sued the rental car company and the security company that had been hired to secure the rental car company’s car lot. The rental…
First District Illinois Appellate Rules Appeal From Denial Of Injunction Can Wait Until End Of Case
This case involved a dispute over the proceeds of a judgment debtor’s property. Certain of the creditors moved to allocate the proceeds of the sale of the property. The trial court denied the allocation motion. Illinois Supreme Court Rule 307 allows orders granting or denying injunctive relief to be appealed…
First District Illinois Appellate Prevents Second Bite At The Apple. “Law Of The Case” Prevails.
This wrongful death action grew out of a private airplane crash. The estates of the four people who died in the crash, sued the municipal owners and operators of the airport, Alberto-Culver, the owner of the plane, and Aon Aviation (a service provider). The municipal defendants moved for, and were…