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Illinois Appellate Lawyer Blog

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Mailing Label Fails To Establish Appellate Jurisdiction

William Huber filed a lawsuit to dissolve the American Accounting Association. The Association asked the trial court to dismiss the lawsuit, which it did. Huber appealed. He mailed his Notice of Appeal to the court, but it arrived two days after the 30-day deadline. That would have been okay had…

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Expired Suspension Moots Construction Company’s Appeal

Chester Bross Construction Company was the low bidder on a number of Illinois Department of Transportation projects. But instead of awarding Bross the work, the Department suspended Bross from competing for any Department contracts for two years. The suspension was based on a dispute over whether Bross complied with a…

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Lack Of Notary Dooms Husband’s Notice Of Appeal

Anita and Sushil Sheth got divorced. Sushil was custodian on several of the couple’s two children’s financial accounts. Anita asked the trial court to remove Sushil as custodian. The trial court did so, and also denied Sushil’s reconsideration request. Sushil appealed. He apparently mailed the notice of appeal within the 30-day…

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Trial Court Sanctions Ruling Too Terse. Appellate Court Sends It Back For More Specificity

Lake Environmental was doing asbestos removal at Scott Air Force Base in southern Illinois. The State, claiming that Lake had violated regulations, persuaded the Department of Public Health to revoke Lake’s asbestos removal license. Lake asked the trial court to review the department’s decision. But while that review was still…

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What’s the problem now, illinoisappellatelawyerblog.com?

“Hey, c’mon Sr. illinoisappellatelawyerblog.com. Two months between postings? How do you expect to keep your readers? We’re writing briefs. We need all this stuff you write about. Nobody else does it, at least not like you. What’s your excuse now?” “No excuses, none that are worth talking about anyway. Stick…

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Insurer’s Arguments First Raised On Reconsideration Forfeited For Appeal

General contractor Kiferbaum Construction was sued by a subcontractor’s employee who was injured at the work site. Kiferbaum was represented by Jacobson & Riseborough. Kiferbaum got excess insurance from Evanston Insurance. Kiferbaum’s insurers, including Evanston, settled with the employee. The insurers were left to fight about the amounts each would…

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Aldermen’s Appeal Of Victorious Referendum Moot

More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial court for a preliminary injunction to void…

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Second Order Allowing Interlocutory Appeal Fails To Save Appellate Jurisdiction

After he was injured in an accident, Juan Zamora sued his employer, Newsboy Delivery Systems, and two individuals, Cherie and Richard Payne. Zamora claimed their negligence caused the accident. The trial court dismissed Newsboy because Zamora’s claim against his employer was barred by the Illinois Worker’s Compensation Act. The dismissal…

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Trucker’s Failure To Raise Commerce Clause Defense Dooms Tax Appeal

Witte Brothers is an intersate trucking company. After an audit, under protest, Witte paid Illinois for “pass-through” miles [distance driven in Illinois without picking up or delivering goods]. Witte sued Illinois for reimbursement of the taxes. The trial court ruled that the Illinois Income Tax Act did not allow the…

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