Case law

Lee v. State Farm Fire & Casualty Co.

461 Ill. Dec. 827 · Appellate Court of Illinois · Mar 21, 2022

The critical inquiry raised by a section 2-615 motion to dismiss is “whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause … CONCLUSION ¶ 25 The circuit court properly dismissed Evanston Grill’s complaint because its business interruption claim did not qualify as a “covered cause of loss,” given that there was no “direct

Bank of New York Mellon v. Rogers

2016 IL App (2d) 150712 · Appellate Court of Illinois · Nov 22, 2016

Clearly, then, the court was referring to one note. … We do not disagree with the Borrowers’ proposition that under the proper circumstances, a mortgage loan modification may stand alone and qualify as a negotiable instrument.

Central National Bank v. Congua

100 Ill. App. 3d 534 · Appellate Court of Illinois · Sep 10, 1981

Petitioner in its motion did not allege or attempt to establish fraud. … In a tax deed proceeding, section 72 cannot, in the absence of fraud, be used to again put in issue questions previously passed upon by the trial court, such prior determination being conclusive upon all parties and immune

Trustees of Schools v. Board of School Inspectors

115 Ill. App. 479 · Appellate Court of Illinois · Aug 24, 1904

The special act establishing the school system of Peoria is entitled “An act to amend the charter of the City of Peoria, and to establish and regulate a system of Public Schools in said City.” … the “Board of School Inspectors,” who were to hold their offices for two years and until their successors were elected and qualified.

In re Marriage of Jawad

Appellate Court of Illinois · Nov 28, 2001

Following this initial testimony, Dawn tendered Dabbagh to the trial court to be qualified as an expert. … Standing alone, these findings do not establish that Dhia is at risk to abduct the children. Moreover, we note that Dr.

People v. Hills

2025 IL App (4th) 241331-U · Appellate Court of Illinois · Oct 2, 2025

As stated, “[m]anifest error is clearly evident, plain, and indisputable. [Citation.] Thus, a decision is manifestly erroneous when the opposite conclusion is clearly evident.” (Internal quotation marks omitted.) … “Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” (Internal quotation marks omitted.) People v. Hayes, 2022 IL App (4th) 210409, ¶ 52.

Arnett v. Snyder

331 Ill. App. 3d 518 · Appellate Court of Illinois · Oct 30, 2001

BACKGROUND In June 1999, George Welborn, warden of Tamms, issued warden’s bulletin No. 99 — 88 (hereinafter the Bulletin), establishing the “controlled-feeding status.” … Defendant also raised sovereign immunity. Attached to the motion were the affidavits of Welborn and Bonnie Sullivan, a licensed dietician and Tamms’ dietary manager.

People v. Throop

277 Ill. App. 1 · Appellate Court of Illinois · Sep 6, 1934

It is the established law of this State, where no argument is presented in support of an assignment of error, the presumption obtains that such assignment has been waived and abandoned, and the court is under no obligation … Plaintiff in error, though present, did not deny or qualify the statement, either by affidavit or by oral testimony; hence the court was justified in believing it to be the truth.

In Re Marriage of Davis

131 Ill. App. 3d 1065 · Appellate Court of Illinois · Mar 12, 1985

An appellant has the responsibility to clearly define the issues raised, and to support them with pertinent citations to the record and authority. … “For a trial court to apportion marital assets under section 503 *** the proper value of such assets must be established. [Citation.]

People v. Lipscomb

19 Ill. App. 3d 114 · Appellate Court of Illinois · Apr 11, 1974

Willie Jones, Jr., 13 years of age, was qualified as a witness for the State: At approximately 3 o’clock on August 10, 1970, he was in his home located at 206 North LaCrosse with his brother and sister. … Clearly, under this well established standard, the testimony of White is sufficient to sustain defendant’s conviction.

Ganley v. City of Chicago

81 Ill. App. 3d 877 · Appellate Court of Illinois · Feb 26, 1980

The city concludes that the subdivision of the lot and the proposed building of a single-family dwelling on the resulting bulk is clearly in violation of section 7.5 — 1. … That rule, however, is qualified where action is induced by the conduct of municipal officers. ( 21 Ill. 2d 157, 161 ; see also City of Chicago v. Zellers.)

People v. Hubbard

77 Ill. App. 2d 14 · Appellate Court of Illinois · Oct 28, 1966

In our opinion the record clearly indicates a conscious, intelligent choice on the part of defendant to proceed with his own defense. … You are entitled to a lawyer qualified to handle your case for you. You have had two of them.

Perkey v. Portes-Jorol

2013 IL App (2d) 120470 · Appellate Court of Illinois · Jan 15, 2014

That occurs where the opposite result is clearly evident or where the jury’s findings are unreasonable, arbitrary, and not based on any of the evidence. Id. … for the defense only where the plaintiff has failed to establish a prima facie case.

People v. Berger

109 Ill. App. 3d 1054 · Appellate Court of Illinois · Nov 1, 1982

Here the court’s finding of guilty was clearly supported by the evidence, and each element of the charge was proved. … [The witness]: I would like to qualify that question before I’m cut off on it. [Mr. McCollum]: There’s no question pending at this time. [The court]: That’s counsel’s job. Do you have any redirect? [Mr.

Quinn v. Retirement Board of the Firemen's Annuity & Benefit Fund

7 Ill. App. 3d 791 · Appellate Court of Illinois · Jul 6, 1972

The trial court reversed that decision and directed the Board to accept payment from the plaintiff so that he would qualify for a pension based on his Commissioner’s salary. … The intent of the amendment, in Weinberg’s view, was to establish uniformity with respects to contributions and benefits for all firemen and members of the pension fund.

Cedar Rapids Insurance v. Shimp

16 Ill. App. 248 · Appellate Court of Illinois · Jan 23, 1885

And it is claimed that a waiver has been established in this case by the last two named. When and at what time must this intent not to pay in any event be made known to the insured? … After its admission in evidence its effect should have been qualified and limited, as asked in appellant’s instructions numbered one, two, six and seven, which were refused; they should have been given.

People v. Goswami

237 Ill. App. 3d 532 · Appellate Court of Illinois · Nov 23, 1992

This rule was clearly stated in People v. Miller (1984), 128 Ill. … Clearly an issue of fact was presented by the evidence concerning defendant’s response to Kord’s statements.

Doria v. Village of Downers Grove

Appellate Court of Illinois · Dec 29, 2009

defendant to introduce a defective affidavit into evidence and that the trial court erred in concluding that defendant was not liable pursuant to section 3--102(a) of the Local Governmental and Governmental Employees Tort Immunity … However, plaintiff's argument on this point is itself conclusory: he offers no reason why Fera should not be considered qualified to render an opinion regarding the intended use of the gravel lot.

Nunez v. Diaz

2017 IL App (1st) 170607 · Appellate Court of Illinois · Jun 12, 2018

“The basic rationale for lessor immunity has been that the lease is a conveyance of property which ends the lessor’s control over the premises, a prerequisite to the imposition of tort liability.” … Nor were the few intermittent repairs made by the prior landlord clearly defined, continuous, or substantial to show control.

Charles v. Wilson

52 Ill. App. 2d 14 · Appellate Court of Illinois · Aug 3, 1964

them to command the newly established districts.” … The Superintendent of Police must have discretionary power to assign members of the Department to duties he believes they are best qualified for.”