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| Alvarez v. Pappas, No. 1-06-0098,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 4, 2007, Decided, June 4, 2007, Opinion Filed
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Overview: An action to recover duplicate real estate tax payments mistakenly made over five years before the complaint was filed was time-barred under 35 Ill. Comp. Stat. Ann. 200/20-85. A request for a return of overpaid taxes was a claim for a refund, and the statute applied to refund claims for duplicate payments made in error.
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| Behrens v. Cal. Cartage Co., 1-06-2729,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 4, 2007, Decided, June 4, 2007, Opinion Filed
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Overview: Summary judgment in favor of temporary agency in personal injury action was affirmed; agency was not liable under respondeat superior for alleged negligence of dispatcher it supplied to warehouse because the dispatcher was a loaned employee as the warehouse had right to direct and control her work and was doing so when alleged negligence occurred.
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| Jones v. O'Brien Tire & Battery Serv. Ctr., NO. 5-04-0294,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, June 4, 2007, Filed
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Overview: Trial court did not err in denying mutual insurer's posttrial motions after tire company and casualty insurer recovered on third-party complaint against it for negligent spoliation of evidence; mutual insurer voluntarily undertook to preserve evidence and, thus, it had duty to continue to exercise due care to preserve it, which duty it breached.
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| People v. Clark, No. 1-06-0768,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, June 4, 2007, Decided, June 4, 2007, Opinion Filed
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Overview: Dismissal of defendant's ineffective assistance of counsel allegations was affirmed because he did not show that his trial counsel labored under an actual conflict of interest that adversely affected performance. However, defendant's sentence was reduced under Ill. Sup. Ct. R. 615(b)(4) because the mitigating evidence was not fully considered.
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| AAM/US Bank LLC v. Lake Carroll Ass'n (In re Application of County Treasurer), No. 2-05-1209,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 5, 2007, Filed
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Overview: A bank's duty to pay homeowners' association fees on properties it obtained tax deeds to began upon the deeds' issuance because that was when it had title, and the assessments survived the deeds' issuance, under 35 Ill. Comp. Stat. 200/22-70 (2002), because they were covenants running with the land and did not breach the rule against perpetuities.
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| Allianz Ins. Co. v. Guidant Corp., No. 2-05-1168,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 5, 2007, Filed
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Overview: In a suit between an insurer and its insured, because of the policy's cooperation clause and the parties' common interest in defeating underlying claims, the attorney-client privilege did not apply. The work product privilege did not apply because the documents were prepared for the underlying litigation, where the parties' interests were aligned.
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| In re Marriage of Waddick, No. 2-06-0363,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, June 5, 2007, Filed
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Overview: Appellate court lacked jurisdiction over wife's appeal in a dissolution case. The decision for which wife filed a motion to reconsider was not a final judgment because it lacked provisions conforming to 750 Ill. Comp. Stat. Ann. 5/602.1(b), and wife had not filed a notice of appeal from the final judgment as required by Ill. Sup. Ct. R. 303(a).
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| People v. Karmatzis, NO. 4-04-0802,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 5, 2007, Filed
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Overview: Fact that defendant was mistakenly released from DOC custody, rather than being free on bond, had no effect on the application of 730 Ill. Comp. Stat. Ann. 5/5-8-4(h); thus, sentences for three burglaries committed while defendant was on pretrial release should have been consecutive to, not concurrent with, two other burglary sentences.
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| People v. Lisa G.C. (In re Lisa G.C.) , NOS. 4-06-0046, 4-06-0133 cons.,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 5, 2007, Filed
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Overview: Respondent's involuntary commitment hearing was timely even though it was held 15 days past the time limit set out in 405 Ill. Comp. Stat. Ann. 5/3-611; respondent failed to show how she was prejudiced by three seven-day continuances granted under 405 Ill. Comp. Stat. Ann. 5/3-800(b), particularly as she had agreed to one of the continuances.
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| People v. Roberts, NO. 4-02-0613,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, June 5, 2007, Filed
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Overview: As the appeals court could not discern whether a deputy told defendant about other nearby units before obtaining consent to search defendant's vehicle, it deferred to the trial court's findings. The trial court found defendant was not unconstitutionally seized under U.S. Const. amend. IV when questioned after the traffic stop was complete.
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