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| Allstate Ins. Co. v. Amato, No. 1-06-0990,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Insurer was not obligated to defend or indemnify insured in underlying action as, inter alia, language of personal umbrella policy unambiguously did not provide coverage for wrongful detention of property. Insured was not entitled to reimbursement of costs or fees incurred in defending underlying complaint while dispute over coverage was pending.
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| Bell Leasing Brokerage, LLC v. Roger Auto Serv., No. 1-05-2313,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 30, 2007, Decided
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Overview: Judgment for a lienholder was affirmed as the ruling that a van parked on a public roadway was not an abandoned vehicle under 625 Ill. Comp. Stat. Ann. 5/1-101.05 was not against the manifest weight of the evidence, and the towing company which did not release the van was not immune from liability under 625 Ill. Comp. Stat. Ann. 5/4-213.
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| Dalan/Jupiter, Inc. v. Draper & Kramer, Inc., Nos. 1-06-1274 and 1-06-2637, Consolidated,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Company's failure to raise the issue of its entitlement to attorney fees and costs in a contract dispute in the appellate court in a prior proceeding barred it under the doctrine of res judicata from asking the trial court in a subsequent proceeding to award fees and costs provided for in an engagement contract concerning the parties.
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| Hartzog v. Martinez, No. 1-06-1901,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Denial of tenants' motion for leave to amend their complaint under 735 Ill. Comp. Stat. Ann. 5/2-1005(g), made after summary judgment was entered for a landlord in the tenants' slip and fall case, was proper because proposed amended complaint was not based on newly discovered material, changes in the law, or error in application of existing law.
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| In re Marriage of Mannix, No. 1-06-2130,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 30, 2007, Filed
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Overview: Trial court correctly declared the former husband to be father of the minor child; that conclusion was supported by the former wife's and former husband's judicial admissions that the minor child was conceived during their marriage, invoking 750 Ill. Comp. Stat. Ann. 45/5(a)(1) presumption that husband was natural father, plus additional evidence.
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| Mount Mansfield Ins. Group, Inc. v. Am. Int'l Group, Inc., No. 1-06-0974,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 30, 2007, Decided , March 30, 2007, Filed
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Overview: Dismissal of corporation's suit pursuant to 735 Ill. Comp. Stat. 5/2-619(a)(4) under doctrine of res judicata based on prior suit brought by corporation's shareholder companies was error because, having pursued individual rather than derivative rights, shareholder companies did not adequately represent interests of corporation in prior suit.
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| People v. Atou, No. 1-05-3741,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Because there was a conflict between Cook County, Ill., Cir. Ct. R. 14.2 and 725 Ill. Comp. Stat. Ann. 5/103-5(b), as only the local rule required a defendant to serve the State's Attorney with notice of a speedy-trial demand in open court, § 103-5(b) controlled as the local rule would limit defendant's constitutional protections.
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| People v. Cruz, No. 2-05-0699,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 30, 2007, Filed
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Overview: Neither trial court's failure to put defendant's interpreter under oath as required by 725 Ill. Comp. Stat. Ann. 140/2 nor to identify interpreter or her qualifications in the record constituted plain error that would allow defendant to withdraw guilty plea to murder; record indicated defendant understood both the interpreter and the plea process.
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| People v. Howard, No. 1-05-1662,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 30, 2007, Decided , March 30, 2007, Opinion Filed
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Overview: Circuit court erred in denying petitioner's request that records of his arrest for a 1984 murder be expunged under 20 Ill. Comp. Stat. Ann. 2630/5(c); the former death row inmate had been pardoned on the basis of innocence and as his pardon specifically authorized expungement; the expungement under § 5(c) was automatic.
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| People v. Johnson, No. 1-05-1050,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 30, 2007, Decided
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Overview: Denial of pro se ineffective assistance of counsel claim was upheld where trial court reviewed the motion and specifically gave defendant opportunity to argue, explain, and support claims. Use of PSI to determine existence of prior conviction did not violate constitutional rights; trial judge could use PSI to determine prior criminal background.
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