Catching up on reading. If you missed it too, here is Judge Posner in the American Bar Association’s Litigation News on writing an effective appellate brief.
Illinois Appellate Lawyer Blog
Appellate Court Refuses Jurisdiction Over Order Quashing Lis Pendens
The Westin North Shore is a hotel in the northern suburbs of Chicago. The hotel was used as collateral for a multimillion dollar loan to the hotel owner. Five Mile Capital Westin had a subordinate interest in the loan. After the owner defaulted on his payments, Berkadia National Mortgage was…
Can’t Reverse Hormones — Flirting Appellate Lawyers
Love at first cite. Thanks to FutureLawyer.com and cartoonist Charles Fincher at Lawcomix.blogspot.com.
No Appellate Jurisdiction For Homeowner’s Appeal Of Summary Judgment Foreclosure
Barbara Kemp’s mortgage was held by EMC Mortgage Corporation. EMC filed a foreclosure action against Barbara because she defaulted on her payments. Eventually, EMC asked for and got a summary judgment foreclosure. Kemp then asked for reconsideration of the summary judgment and for a stay of the judicial sale of…
Police Union’s Appeal Mooted By Officer’s Settlement
Melissa Ramskugler had passed Wisconsin’s requirements to qualify as a police officer, but was still in the probationary period required by the Milwaukee Board of Fire & Police Commissioners. Knee injuries prevented her from finishing probation. She was fired because her medical condition prevented her from getting through probation. Wisconsin…
Subpoena In Plot-To-Kill-Former-Wife Case Gets Full Appellate Review Despite No Opposing Brief
Carolyn Mahoney sued her former husband, Billy J. Cox, and his lawyer, Marc Gummerson, for plotting to kill her. Cox was in jail, so Mahoney served the Illinois Department of Corrections with a subpoena to find out information about the plot. The DOC asked the trial court to quash the…
Lessor’s Affidavit Supporting Reconsideration Request Ignored By Appellate Court
Urban Sites of Chicago leased property to Crown Castle USA and T-Mobile USA. The parties had a disagreement about the terms of the lease, so Urban sued Crown and T-Mobile. Crown and T-Mobile counter-sued Urban. Crown and T-Mobile asked for summary judgment, which the trial court granted. They argued that…
Implied-In-Fact Contract Reviewed By Manifest–Weight-Of-The-Evidence
While still married to John, Betsy D’Attomo began developing a bakery. John and Betsy financed the bakery partly with money from a home equity loan. The couple decided to divorce. At the divorce trial, John claimed the money from the home equity loan was a loan to the bakery that…
Summary Judgment For Illinois Hospital On Actual Agency In Medical Malpratice Case Not A Final Order
Brandon Wilson required surgery for a fractured femur. He had a heart attack during surgery, which resulted in brain injury from lack of oxygen. Brandon sued Edward Hospital, where the surgery was done, and the doctors who treated him there. To win against the hospital, Brandon had to show that…
Illinois Appellate Lawyer Blog Is Back To It
– Say hey illinoisappellatelawyerblog. Where have you been? What have you been doing? – Oh, over there. Picking daisies, chewing tobacco, napping, hiding. You know, getting better. – Better than what? – Just better. – We thought you were closing shop. – Oh, no. Can’t do that. You guys need…