Case law

Tilliski v. Martin

323 Ill. App. 490 · Appellate Court of Illinois · Jun 20, 1944

The artificial relation from adoption is established between these parties, and the statute defines what shall be the duties and rights of the parties from this relation between them. … These last general words, we think, are to be qualified in like manner as the others remarked upon, by restriction to the parties to the adoption proceeding and the persons named in the statute.

Franklin County Board of Review v. Department of Revenue

346 Ill. App. 3d 833 · Appellate Court of Illinois · Mar 9, 2004

We therefore find that the “clearly erroneous” standard of review is the proper standard in this case. See City of Belvidere v. … Section 9b of the Act confers broad powers onto the board of a conservancy district to fulfill these statutory purposes, including the power to acquire land to establish recreational grounds and to construct buildings for

Bennett & Kahnweiler, Inc. v. American National Bank

235 Ill. App. 3d 896 · Appellate Court of Illinois · Oct 23, 1992

Neumark testified that, contrary to previous correspondence, the letter of February 23, 1987, contained no qualifying language and did not indicate that it was subject to the property owner’s approval. … The language of the agreement clearly established that the plaintiff was entitled to collect a commission only if the lease negotiations were consummated and the property owner actually leased the subject property to Schwartz

Sycamore Community Unit School District No. 427 v. Illinois Property Tax Appeal Board

2014 IL App (2d) 130055 · Appellate Court of Illinois · Jun 24, 2014

A decision is deemed “clearly erroneous” only where the reviewing court, upon consideration of the entire record, is left with the definite and firm conviction that an error has been made. … ¶ 44 De Kalb also argues that the PTAB should have dismissed Dahl’s case because he did not present sufficient documentary evidence or establish a prima facie case at the pleadings stage.

Cassidy v. China Vitamins, LLC

2017 IL App (1st) 160933 · Appellate Court of Illinois · Feb 5, 2018

the legislative intent evidenced by the plain language of that section and, in doing so, not depart from the plain language by reading into it exceptions, limitations, or conditions that conflict with the clearly … The provisions of section 2-621 are one example of legislation enacted in many states “that, to some extent, immunizes nonmanufacturing sellers or distributors from strict liability.”

Ilevbare v. Department of Children and Family Services

2021 IL App (1st) 200907-U · Appellate Court of Illinois · Jun 18, 2021

¶ 37 On this entire record, plaintiff has not established with definite and firm conviction that a mistake has been committed. We find the final decision of the DCFS acting director was not clearly erroneous. … As the record does not establish that this evidence was before the ALJ, plaintiff’s reliance on it is unavailing and does not negate other evidence establishing the agency’s finding that he committed child neglect under

Dei v. Tumara Food Mart, Inc.

406 Ill. App. 3d 856 · Appellate Court of Illinois · Dec 8, 2010

Section 2 — 1401 of the Code establishes a comprehensive, statutory procedure that allows for the vacatur of a final judgment older than 30 days. 735 ILCS 5/2 — 1401(a) (West 2006). … Plaintiff contends that like the receptionist in Megan, Sylla, was a “responsible” employee of Tumara and, therefore, qualified to act as an agent of the corporation. We disagree.

People v. Fomond

273 Ill. App. 3d 1053 · Appellate Court of Illinois · Jun 30, 1995

Even if we were to review the merits of the defendant’s claim, we would reject his assertion of error because he failed to establish grounds for relief. … Unlike Williams, the judge in the case before us did not clearly admit the defendant’s previous felonies as evidence of his propensity to commit aggravated battery.

Steinhauser-Walsh v. Penick

2023 IL App (3d) 220330-U · Appellate Court of Illinois · Jul 28, 2023

Specifically, Penick argues that even accepting Steinhauser-Walsh’s evidence at trial as true, she failed to establish two or more acts that would qualify as a course of conduct, which is required to establish … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly apparent or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.”

Hernandez v. Shittek

Appellate Court of Illinois · Jun 24, 1999

Schittek clearly believed that he was dealing with a cancerous condition, as his discussions with Hernandez's family and his medical reports reflect. … The phrase "therapeutically necessary based on findings during surgery" qualifies the additional operations--not the quadrantectomy.

People v. Faulkner

73 N.E.3d 25 · Appellate Court of Illinois · Feb 10, 2017

[Patricia] testified that she had no idea that the gun was up there, so it clearly wasn’t her gun, even though she had access to *** the attic. … Rather, they disagree on whether his 2008 felony conviction for AUUW satisfied the second of the two qualifying offenses under the statute.

People v. Outlaw

388 Ill. App. 3d 1072 · Appellate Court of Illinois · Mar 25, 2009

Moreover, a break clearly occurred between that earlier meeting and the custodial interrogation on December 31, 2006. … Over defense counsel’s objection, Judge Greanias found Detective Dailey qualified.

People ex rel. Lindblom v. Sears Brands, LLC

2019 IL App (1st) 180588 · Appellate Court of Illinois · Apr 23, 2019

Dismissal under section 2-615 is proper only when “it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover.” Cochran, 2017 IL 121200, ¶ 11. … two Home Depot employees (the relators’ father (former employee) and sales associate Caleb (current employee)), who sold appliances to customers, and a written quote dated September 24, 2015, both establishing

Clark v. Albiero

2025 IL App (1st) 242128-U · Appellate Court of Illinois · Aug 26, 2025

Leikin, a toxicologist, is qualified to offer an opinion on that question; yet, Dr. Lekin could not link a toxic exposure to plaintiff’s injuries. … App. 3d 101, 107 (1977) (“when there is a complete absence of probative facts supporting an inference *** such inference is clearly unreasonable”).

Board of Trustees, Prairie State College v. Illinois Educational Labor Relations Board

173 Ill. App. 3d 395 · Appellate Court of Illinois · Jul 26, 1988

Grievance 1984 — 4 was processed through step three of the grievance procedure established by the collective-bargaining agreement. … This action was clearly within the legislature’s powers. (See 15A C.J.S. Common Law §12, at 55-56 (1967).)

Benjamin Harris & Co. v. Western Smelting & Refining Co.

313 Ill. App. 455 · Appellate Court of Illinois · Mar 18, 1942

In our opinion the mere statement of the facts clearly establishes that plaintiff was ready, able and willing to pay the purchase price and was prevented from doing so by the action of the intervenor and defendant in causing … In our opinion the mere statement of the facts clearly establishes that plaintiff was ready, able and willing to pay the purchase price and was prevented from so doing by the untimely withdrawal of the draft and warehouse

In re Marriage of Kenney

249 N.E.3d 427 · Appellate Court of Illinois · Jul 25, 2023

Because of this, the court turned to an examination of whether the twins and Amber had some significant connection to Illinois to qualify it as the twins’ home state, and it found that there was. … Rather, John conflates the two concepts, which are clearly not the same.

People v. Williams

376 Ill. App. 3d 875 · Appellate Court of Illinois · Sep 10, 2007

They were CDRs, and they contained songs by artists that were covered by the five major labels and clearly were not authorized for this distribution.” … However, a criminal mental state has not been considered sufficient to qualify as an extra element.

In re Marriage of Alpert Knight

256 N.E.3d 1158 · Appellate Court of Illinois · Dec 27, 2024

App. 3d at 1142 (child support obligee’s net monthly income was nominal compared to child support obligor’s net income and “clearly could not be considered sufficient to provide the reasonable needs of Keon C. taking into … The party seeking attorney fees must establish inability to pay and the other person’s ability to do so.

People v. Kurzeja

2024 IL App (4th) 240269-U · Appellate Court of Illinois · May 6, 2024

However, defendant failed to check the box in his notice of appeal that “Defendant was not charged with an offense qualifying for denial or revocation of pretrial release or with a violation of an order of protection qualifying … Therefore, defendant has failed to establish the court abused its discretion. -9-