The Illinois Appellate Lawyers Association announces its annual roundtable luncheon honoring the justices of the Second District Illinois Appellate Court. Date: 3/6/07. Time: 11:30 a.m. reception; 12:15 lunch. Place: The Centre of Elgin (Heritage Ballroom), 100 Symphony Way, Elgin, Illinois. Cost: $25.00 members; $30.00 non-members. Call 312-554-2090 to make a…
Illinois Appellate Lawyer Blog
Appeal Stands Despite Litany Of Deficiencies In Brief
Plaintiff bought a car that he claimed had an “unremediated defect.” He appealed after his case was dismissed at trial. The appellate opinion contains a list of horribles in plaintiff’s brief and the record — misleading Points and Authorities and Issues sections, lack of citation to the record, an incomplete…
Nunc Pro Tunc Order Does Not Benefit From Illinois Rule 304(a) Language In Original Order
Two defendants had nearly identical names. One was Town of Fort Sheridan Company (TFSC); the other was Town of Fort Sheridan Operating Company (TFSOC). Plaintiff originally sued TFSC only. Later, but without leave of court, plaintiff filed an amended complaint that additionally named TFSOC. TFSOC moved to dismiss on the…
Second District Illinois Appellate Rules Plain Error Doctrine Overcomes Waiver Of Patient’s Right To Psychiatric Evaluation
The use of psychotropic drugs again was at issue. The patient was admitted to the Elgin Mental Health Center after she was found to be unfit to stand trial for unauthorized use of a credit card. The patient was treated by Dr. Rosanova, who diagnosed schizophrenia and recommended use of…
Update On Illinois SB 0222, The Illinois Judicial Campaign Regulation Bill
Since I last reported on SB 0222 on February 14, the bill has picked up three additional sponsors: Sen. Jacqueline Collins (D-16th), a Chief Co-Sponsor; Sen. Susan Garrett (D-29th), a Chief Co-Sponsor; and Sen. William Delgado (D-2nd). Yesterday the bill was referred to the Senate Local Government Committee, which has…
No Federal Appellate Jurisdiction Where District Court Decides Who Gets The Money But Not How Much
Richard Magley gave security interests to secure a number of loans. The Small Business Administration was guarantor of some of the loans, including two advanced by Cadleway Properties and Ossian Bank. The SBA removed the entire dispute to federal court. Cadleway and Ossian both claimed to be the beneficiary of…
First District Illinois Appellate Rules Waiver Of Argument Raised For First Time On Motion For Reconsideration
In a fight between insurers over how to pay an underlying personal injury claimant, Tokio Marine and Fire fought with U.S. Fire Insurance about exhaustion of primary and excess policies. The trial court ordered Tokio to reimburse U.S. Fire for its full $1 million policy limits. Tokio asserted that the…
More On Illinois Judicial Campaign Finance Regulation Bill
I first wrote about the pending Illinois Senate bill to provide public financing for appellate and supreme court judicial candidates a few days ago. It’s SB0222, filed by Sen. Kwame Raoul (D-13th) (Chicago), on February 7, 2007. The bill has bi-partisan sponsorship; a chief co-sponsor is Sen. Kirk Dillard (R-24th)…
Leave To Supplement Appellate Record Denied By Second District Illinois Appellate; Reply Brief Stricken For Lack Of Service
Steven Sharp was held in contempt for failure to pay maintenance and child support. He appealed the contempt ruling, and also requested review of the underlying support order. The appellate court affirmed. Steven’s income was primarily from a trust. He argued that it was a spendthrift trust, and that the…
Second District Illinois Appellate Rules No Abuse Of Discretion (Or Maybe Manifest Injustice) In Granting Grandmother Visitation
Over Alice’s objection, the trial court granted Cindy’s (paternal grandmother) petition for visitation with Alice’s child. Although the appellate standard of review was not an issue in the dispute, the appellate opinion raises the question of the correct standard. The court first says: “A trial court’s determination regarding visitation is…