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| Craig v. United Auto. Ins. Co., No. 1-06-3636,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, October 22, 2007, Decided, October 22, 2007, Opinion Filed
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Overview: Arbitration award was confirmed because an insurer waived the issue of the insured's alleged misrepresentations by not raising it until more than two years after the claim, and more than a year after the award, and there were no allegations under 710 Ill. Comp. Stat. Ann. 5/12 that the award was procured by corruption, fraud, or other undue means.
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| Bigelow Group v. Rickert, No. 2-06-0879,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 24, 2007, Filed
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Overview: A tax collector had discretion, under 35 Ill. Comp. Stat. 200/20-210 (2004), to refuse to accept payment of property taxes by specification because the statute did not mandate an acceptance of such payment, and this exercise of discretion was only reviewable for illegality, which was not alleged, nor were due process or equal protection violated.
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| In re Marriage of Rife, No. 2-06-1048,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 24, 2007, Decided
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Overview: Trial court properly determined in a former husband's action under the Declaratory Judgment Act, 735 Ill. Comp. Stat. Ann. 5/2-701 (2004), that a modification clause in the parties' marital settlement agreement violated public policy and 750 Ill. Comp. Stat. Ann. 5/502(f) (2004), as it inhibited the wife's requests for changes for the children.
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| Nickon v. City of Princeton, No. 3-06-0952,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 24, 2007, Filed
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Overview: In negligence case, injury party could present jury with evidence of amount health care provider initially billed even where provider accepted Medicare payment for less. While injured party violated order by having witness testify she fell in same place and was injured, reversal was not required as jury was instructed to ignore answer as to injury.
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| People v. Marsala, No. 2-06-1044,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 24, 2007, Decided
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Overview: Order granting licensee's petition for rescission of suspension of his driving privileges under 625 Ill. Comp. Stat. 5/11-501.1 was error because, although arresting officer did not see licensee driving, licensee failed to establish that officer did not have reasonable grounds to believe that he was in actual physical control of motor vehicle.
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| People v. Mizaur, No. 2-06-1134,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 25, 2007, Decided
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Overview: Trial court properly denied defendant's motion to rescind summary suspension of his driver's license; as hearing date listed on his bail bond was synonymous with 625 Ill. Comp. Stat. Ann. 5/2-118.1(b)'s "first appearance date on Uniform Traffic Ticket," hearing on his petition to rescind held within 30 days of bail bond hearing date was timely.
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| Fid. Nat'l Title Ins. Co. v. Westhaven Props. P'ship, No. 1-06-1895,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, October 26, 2007, Decided, October 26, 2007, Opinion Filed
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Overview: Two partnerships and a trustee were granted summary judgment on a title insurer's claims that it acquired validly assigned interests in the partnerships because the assignment of the partnership interests was invalid and had no legal effect as the written notice provisions of the partnership agreements regarding an assignment were not met.
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| People v. Meza, No. 3-06-0164,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 26, 2007, Filed
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Overview: Ill. Sup. Ct. R. 402(d)(2) did not apply to defendant's case because the trial judge did not concur or conditionally concur to a plea agreement at the Rule 402 conference; the parties failed to reach a plea agreement because they could agree on a sentence. Therefore, defendant was not entitled to an opportunity to withdraw his guilty plea.
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