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| Forsythe-Fournier v. Isaacson, No. 1-05-1536,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, October 6, 2006, Decided , October 6, 2006, Opinion Filed
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Overview: Former corporate officers were not individually liable for costs of repairing defective air-conditioning system that they installed after corporation was dissolved. 805 Ill. Comp. Stat. Ann. 5/8.65(a)(3) permitted officers to wind up corporate affairs without incurring personal liability, including completing work on contract corporation entered.
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| In re Marriage of Susan, No. 2-05-1037,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 6, 2006, Decided
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Overview: While ex-wife and boyfriend did not commingle funds or provide each other with monetary support, de facto marriage existed where two had been together for over three years, spent nearly every night together during relationship, took trips together, and spent almost all holidays together; thus, ex-husband was no longer required to pay maintenance.
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| Malmloff v. County Treasurer, No. 3-06-0031,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 6, 2006, Filed
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Overview: Summary judgment award to a county treasurer was affirmed because, under the totality of the circumstances, a property owner, under 35 Ill. Comp. Stat. Ann. 200/21-305 of the Illinois Property Tax Code, was not equitably entitled to recover from a tax deed indemnity fund as the equities weighed against the owner despite an alleged lack of notice.
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| People v. Novakowski, No. 1-05-0547,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, October 6, 2006, Decided
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Overview: It objectively reasonable for officer to initiate an investigatory stop where officer recognized defendant to be suspect in other burglaries and officer witnessed defendant drop backpack and walk away from it. Once defendant dropped backpack and walked toward officer, backpack was abandoned and defendant had no expectation of privacy therein.
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| People v. Perkins, No. 2-04-0127,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 6, 2006, Decided
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Overview: Dismissal of the inmate's petition under the Illinois Post-Conviction Hearing Act, 725 Ill. Comp. Stat. Ann. 5/122-1 et seq., was vacated because postconviction counsel's arguments showed a misunderstanding of the law, which might have caused counsel to fail to investigate whether facts existed that would have supported legally sound arguments.
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| R.O.W. Window Co. v. Allmetal, Inc., No. 3-05-0643,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 6, 2006, Filed
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Overview: Supplier's motion to dismiss a manufacturer's suit for breaches of warranty was properly granted as the supplier's disclaimers were conspicuous under 810 Ill. Comp. Stat. Ann. 5/2-316(2), were a part of the parties' agreement under 810 Ill. Comp. Stat. Ann. 5/1-205(3), and the manufacturer's purchasing employee had authority to enter transactions.
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| Tuchowski v. Rochford, No. 1-05-0491,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, October 6, 2006, Decided , October 6, 2006, Opinion Filed
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Overview: Trial court erred in dismissing the real estate seller's claims as time barred pursuant to 735 Ill. Comp. Stat. Ann. 5/13-214.3; trier of fact could find attorney altered real estate sales contract against real estate seller's express instructions and that real estate seller did not learn of alteration until a few years after the closing occurred.
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| Alter v. Starbucks Corp., NO. 5-05-0244,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, October 10, 2006, Filed
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Overview: Trial court erred in dismissing tort action against coffee house located on state university campus as action was not tort claim against university or state but against private corporation, which, as separate matter, was contractually indemnified by university; fact coffee was sold on state property should not protect coffee house from liability.
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| People v. Grathler, NO. 5-05-0063,
APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT, October 10, 2006, Filed
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Overview: Evidence defendant broke into victim's basement in middle of night, rummaged basement for items to use as bindings, and ignored victim's resistance and pleas of "no" supported residential burglary conviction. Defendant's struggling with victim constituted substantial step toward commission of crime of attempted aggravated criminal sexual assault.
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