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| Am. Family Mut. Ins. Co. v. Jeris, No. 2-06-1227,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 29, 2007, Decided
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Overview: Under definitions in insurance policy, passenger was "occupying" a car rather than "using" it as "use" required some measure of control over the car; thus, trial court erred in granting insurer summary judgment in declaratory action based on finding that passenger was "using" the car without permission and therefore could not recover UM benefits.
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| Emigrant Mortg. Co. v. Chi. Fin. Servs., No. 1-06-3341,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, October 29, 2007, Decided, October 29, 2007, Opinon Filed
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Overview: Trial court properly found that the mortgage lender and mortgage loan broker's modification to their agreement concerning payment of commission by the mortgage lender to the mortgage loan broker was enforceable; under General Obligations Law § 5-1101, modification did not need new consideration to be enforceable against the mortgage loan broker.
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| In re Marriage of Ford, No. 2-06-0912,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 29, 2007, Filed
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Overview: While marital funds were used to make mortgage payments on husband's non-marital property used as the marital residence, the parties' use of the property during their marriage fully compensated the marital estate for those funds; thus, award under 750 Ill. Comp. Stat. Ann. 5/503(c) of $20,000 to wife as reimbursement of marital funds was vacated.
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| Talty v. Talty (In re Estate of Talty), No. 3-06-0669,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, October 29, 2007, Filed
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Overview: A trial court properly held that a decedent's brother, acting as the decedent's estate executor, abused his discretion and violated his fiduciary duties in failing to make full disclosure regarding his purchase of estate assets; he was properly removed as executor and assessed additional sums based on higher valuations of the assets.
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| Metro Developers, LLC v. City of Chicago Dep't of Revenue, No. 1-06-3229,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, October 30, 2007, Decided
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Overview: Although property had been used commercially prior to a sale and immediately thereafter, a developer was not entitled to a Chicago, Ill., Municipal Code § 3-33-060(L), property transfer tax exemption because at the time of purchase, the developer's intent was to construct condominiums, which was what actually occurred.
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| People v. Appelgren, No. 2-05-0018,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 30, 2007, Filed
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Overview: Defendant's harassment conviction under 720 Ill. Comp. Stat. Ann. 135/1-1(2) was reversed because audiotape that was central to his conviction could not be produced by the State; tape was missing due to no fault of defendant, colorable need for tape existed as tone used on tape was used to establish intent, and no viable alternative was available.
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| People v. Felton, No. 2-06-0369,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 30, 2007, Decided, October 30, 2007, Filed
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Overview: Appellate court affirmed a conviction for obstructing justice under 720 Ill. Comp. Stat. Ann. 5/31-4(a); evidence was sufficient to establish defendant's intent to provide false information to police so that suspect in a store clerk's beating would not be apprehended and the fact that defendant did not actually know suspect was of no importance.
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| People v. Ocampo, No. 2-06-0556,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, October 30, 2007, Filed
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Overview: Officers violated defendant's Fourth Amendment rights when they seized defendant before he granted officers consent to search. Officers lacked reasonable suspicion of criminal activity to justify the seizure because, though defendant's movements may have been consistent with a drug transaction, they were also consistent with many other scenarios.
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| Smith v. Louis Joliet Shoppingtown L.P. , No. 1-06-2988,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, October 30, 2007, Decided
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Overview: Trial court's adjudication of lien to an amount less than that which workers' compensation insurer was entitled to under 820 Ill. Comp. Stat. Ann. 305/5(b) amounted to error, as insurer was not estopped from objecting to trial court's order and insurer's absence from settlement negotiations was not voluntary conduct precluding enforcement of lien.
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