318 results for 'court:"Illinois Appellate Court"'.
J. Brennan finds that the lower court properly found for the bank in a suit filed by two debtors seeking to reclaim an interest in their foreclosed home after it was sold to another couple. The record shows the debtors knew about the foreclosure proceedings prior to filing their bankruptcy petition but did not disclose that property as an asset at that time. Therefore, they clearly knew about the property's sale, which bars their current claim that they were never properly served. Affirmed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: April 10, 2024, Case #: 230253, Categories: Foreclosure
J. Hyman finds that this appeal challenging a provision permitting the trial court to impose jail time as a sanction for violation of a pretrial condition of release must be dismissed for lack of jurisdiction. Defendant argues she should be given credit against her future prison sentence, if convicted, for this jail time. However, she filed her petition as an appeal from an order denying pretrial release, and cannot explain how the denial of jail time credit fits within this category.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: April 10, 2024, Case #: 240031, Categories: Criminal Procedure, Bail
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: Bail, Domestic Violence
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: Vehicle, Negligence, Experts
J. Albrecht finds that the lower court improperly found for the brokerage firm in a dispute over commissions it failed to pay to two real estate brokers. The brokers earned their commission when they procured fully executed contracts, all of which were "during the term" of their employment agreement. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 9, 2024, Case #: 220405, Categories: Employment, Contract
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J. Cates finds the lower court properly found in favor of an attorney in this matter of legal malpractice and properly denied a property owner’s motion for judgment notwithstanding the evidence. The property owner retained the attorney for guidance related to a proposed real estate development project. The attorney testified that he told the property owner that he did not believe developing the property on his own was a wise business venture, and that he explained the pros and cons of incorporating the project to limit the property owner’s exposure to liability. But the property owner says he was never advised on incorporation or on a pipeline easement that ran through the property, as supported by evidence, that the court should enter a judgment in his favor, and that he should be granted a new trial for damages. The instant court finds that the evidence presented was subject to interpretation, and will not second guess the findings of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: April 8, 2024, Case #: 220818, Categories: Real Estate, Negligence, Legal Malpractice
J. Smith finds the lower court properly denied an estate administrator’s motion seeking judgment, costs, and interest against a nursing home and ambulance company in an associated wrongful death matter. The estate administrator argues that more than 30 days had passed since the settlement was approved, but the nursing home and ambulance company had yet to pay. The lower court found it necessary for the probate court to get involved and secure the distribution of the settlement so it could be accounted for, but the estate administrator argues that the probate requirement is a statutory misinterpretation by the lower court. The instant court finds the lower court’s interpretation to be correct, that the probate court’s involvement is necessary. Affirmed.
Court: Illinois Appellate Court, Judge: Smith, Filed On: April 8, 2024, Case #: 230996, Categories: Settlements, Wills / Probate, Wrongful Death
J. Peterson finds the lower court improperly convicted defendant of possession of methamphetamine and sentenced him to two years and six months’ imprisonment. The instant court found the trial court failed to provide the necessary 401(a) admonishments to defendant when he indicated he wished to proceed pro se, as a result, he appeared pro se at critical stages of trial without a valid waiver of counsel. The matter is remanded for new trial. Vacated.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 8, 2024, Case #: 220407, Categories: Drug Offender, Fair Trial, Ineffective Assistance
J. Jorgensen finds that the lower court improperly denied defendant's request for a new trial after he was convicted aggravated battery in absentia. The court's admonishments did not advise defendant that a failure to appear would constitute a waiver of his right to cross-examine witnesses. Further, he had not been arraigned nor had he entered a not guilty plea at the time he was given the admonishments. Reversed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: April 2, 2024, Case #: 230047, Categories: Criminal Procedure, Battery
J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: Venue, Medical Malpractice
J. Hyman finds that the lower court improperly convicted defendant of constructive possession of a handgun by a felon. Defendant was pulled over for "driving while black," having done nothing to warrant a stop, let alone being placed in handcuffs and having his car fully searched. The record contains "nothing" that would allow a trier of fact to find that defendant knew a handgun was embedded into the bottom of the driver's seat of a borrowed car. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 29, 2024, Case #: 220970, Categories: Firearms, Search
J. McBride finds that the lower court improperly denied the mother's petition for adult disabled child support from the father for their 21-year-old child with autism. Illinois law indicates that a parent may be required to support a child who has reached the age of majority but is mentally or physically disabled. Despite having graduated high school and holding a part-time job, the parties' child is not able to take care of herself or live independently outside the home. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 29, 2024, Case #: 230270, Categories: Family Law
J. Walker finds that the lower court properly dismissed the former wife's claim for child support against the former husband's estate. The husband's $500,000 life insurance policy satisfied his financial obligations under the marital settlement agreement, regardless of the proceeds garnered from subsequent life insurance policies. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: March 29, 2024, Case #: 231016, Categories: Insurance, Wills / Probate
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: Bail, Domestic Violence
J. Knecht finds that the lower court improperly ordered respondent subject to involuntary administration of psychotropic medications. The state failed to fulfill its obligation to amend the allegations in its petition after learning that respondent potentially had a healthcare power of attorney naming her mother as the healthcare agent. Further, there is no evidence the state attempted to discuss with the mother a treatment plan for her daughter. Reversed.
Court: Illinois Appellate Court, Judge: Knecht, Filed On: March 28, 2024, Case #: 220788, Categories: Competence
J. Ellis finds that the lower court properly dismissed a deputy's suit for an award of back pay for a period of unpaid suspension exceeding 180 days after he was arrested for an off-duty incident. The deputy's exclusive remedy is via the administrative procedures available to him. Affirmed.
Court: Illinois Appellate Court, Judge: Ellis, Filed On: March 26, 2024, Case #: 221837, Categories: Administrative Law, Employment
J. Steigmann finds that the lower court improperly dismissed a medical negligence suit stemming from her treatment for a severe nosebleed. During the treatment, a doctor left impacted gauze in the patient's nasal cavity causing severe pain and swelling. A genuine issue of material fact exists as to whether the patient should have known by May 1, 2020 that the leftover gauze was the cause of her symptoms, which would make her complaint untimely, or if her discovery came later. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 26, 2024, Case #: 230646, Categories: Civil Procedure, Negligence, Medical Malpractice
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: Bail, Threats
J. Lavin finds that the lower court improperly denied defendant's postconviction petition alleging ineffective assistance of counsel. Defendant pleaded guilty in adult criminal court to murder of a police officer via accountability, a crime she committed at age 15 at the behest of her 20-year-old boyfriend. Counsel orally asserted a proportionate penalties violation, but failed to amend defendant's petition to actually include this petition in her filing. Further, the state does not dispute that if defendant lost a single day of good time credit, her sentence would become a de facto life sentence. Reversed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: March 25, 2024, Case #: 220807, Categories: Ineffective Assistance, Sentencing
J. Pucinski finds that the lower court improperly denied defendant's pro se postconviction motion challenging his life sentence for aggravated vehicular hijacking. The law does not permit a prior conviction committed before age 21 to be used as a qualifying offense for Class X sentencing. Defendant's case is remanded for resentencing. Reversed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: March 25, 2024, Case #: 211190-B, Categories: Juvenile Law, Sentencing
J. Oden Johnson finds that the lower court properly granted summary judgment to the gas station seller in a contract dispute over a buyer's agreement to purchase the property for $800,000. The buyer entered into a fuel purchase agreement with the seller, despite already having an existing agreement, but still closed on the property anyway. It clearly breached that part of the contract, so the seller is entitled to rescission of the sale. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221351, Categories: Contract
[Consolidated.] J. Oden Johnson finds that the lower court properly awarded the marble contractor $3 million in attorney fees in a long-running construction contract dispute. The contractor succeeded on appeal in reinstating its claims against a general contractor, and limiting that contractor's verdict to a small fraction of its requested damages. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: March 22, 2024, Case #: 221319, Categories: Construction, Attorney Fees, Contract
J. Lyle finds that the lower court properly vacated the administrative judge's ruling that the company owed $69,000 to the county for unpaid gasoline tax. The company was not required to collect fuel tax on gasoline delivered to a gas station owned by the same business entity. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: March 22, 2024, Case #: 22056, Categories: Tax
J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: Firearms, Sentencing, Bail
J. Schostok finds that the lower court improperly denied defendant pretrial release on charges of aggravated fleeing and identity theft. There was not sufficient evidence to support the trial court's determination that defendant posed a high likelihood of willful flight to avoid prosecution. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: March 19, 2024, Case #: 240015, Categories: Bail, Escape, Identity Theft
J. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: Firearms, Parole, Bail
J. Hyman finds that the lower court improperly denied defendant's request for pretrial release on charges of reckless homicide. The state fails to acknowledge the pretrial service's recommendation that defendant be released with monitoring, or defendant's cooperation with the investigation. The state has therefore failed to show that there is no condition with which it can mitigate the threat of releasing defendant before trial. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 19, 2024, Case #: 232245, Categories: Bail, Vehicular Homicide
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: Evidence, Vehicle
J. Boie finds that the lower court improperly denied defendant's petition for pretrial release on child pornography charges. There is no provision permitting the court to sua sponte consider the denial of pretrial release absent the state's filing of a verified petition. Reversed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: March 19, 2024, Case #: 240041, Categories: Bail, Child Pornography
J. Lampkin finds that the lower court improperly denied defendant pretrial release on attempted murder charges. The state failed to file a petition for detention at defendant's first appearance or within 21 days of his arrest and release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: March 18, 2024, Case #: 232479, Categories: Murder, Bail