Opinion

Berg v. ALLIED SEC., INC., CHICAGO

  • 297 Ill. App. 3d 891
  • 232 Ill. Dec. 27
  • 697 N.E.2d 769
Court
Appellate Court of Illinois
Filed
Jun 29, 1998
Status
Published
Author
Campbell
On the bench
Gallagher, Campbell
Cited by
23 cases
Authority
More cited than 0.3%

Reversed on other grounds by Berg v. Allied Security, Inc., 193 Ill. 2d 186 (2000)

holding that section 2 — 1203 does not require specificity despite judicial dictum stating to the contrary

How later courts described this case

  • holding that section 2 — 1203 does not require specificity despite judicial dictum stating to the contrary
  • clarifying that the order from which the plaintiff appealed from was the order granting summary judgment

Written by the judges who cited it.

Later courts went against this

  • Disagreed with by Robertson v. WINNEBAGO CTY. FOREST PRESERVE DIST., 301 Ill. App. 3d 520 (1998)

    We disagree with the court in Berg that a party need not set forth any basis in support of a section 2-1203 motion as long as the motion contains a conclusory statement requesting the court to reconsider or vacate its decision.
    Appellate Court of IllinoisNov 20, 1998Read it

The opinion

PRESIDING JUSTICE CAMPBELL, specially concurring:

I write separately to note that I am not in accord with the majority opinion’s discussion of Beck v. Stepp, 144 Ill. 2d 232 , 579 N.E.2d 824 (1991), and Andersen v. Resource Economics Corp., 133 Ill. 2d 342 , 549 N.E.2d 1262 (1990). However, as the majority opinion addresses the merits of the appeal, I also note my agreement with the majority’s conclusion that there are material questions of fact regarding breach of duty and proximate causation that preclude the entry of summary judgment, given the facts and circumstances in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.