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03/30/87 Mar Cement, Inc., v. Diorio Builders

March 30, 1987

MAR CEMENT, INC., PLAINTIFF-APPELLEE

v.

DIORIO BUILDERS, INC., ET AL., DEFENDANTS-APPELLEES (LYONS SAVINGS & LOAN ASSOCIATION, COUNTER-PLAINTIFF AND FORMER RECEIVER -- APPELLANT; LA SALLE NATIONAL



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Bank, as Trustee,

Counterdefendant-Appellee)

506 N.E.2d 381, 153 Ill. App. 3d 798, 106 Ill. Dec. 674 1987.IL.389

Appeal from the Circuit Court of Du Page County; the Hon. Charles R. Norgle and the Hon. John S. Teschner, Judges, presiding.

APPELLATE Judges:

Presiding Justice Lindberg delivered the opinion of the court. Reinhard and Dunn, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINDBERG

Lyons Savings and Loan Association (the receiver) appeals from an order of the circuit court of Du Page County denying receiver fees for the period after March 11, 1982. We dismiss this appeal because we do not have jurisdiction to consider it.

The receiver's appeal is from an order entered February 19, 1986, which provided:

"1. The petition for attorneys fees is granted, but only so far as to permit attorneys fees for the period of time between March 23, 1981, the date of the appointment of Lyons as receiver, and March 11, 1982, the date of the filing of the Bankruptcy Petition.

2. Request for fees subsequent to March 11, 1982 is hereby denied.

3. The cause is hereby continued to March 24, 1986 at 1:30 p.m. for prove up of fees before Judge Teschner."

The receiver, on March 24, 1986, filed a motion to certify question for appeal. The receiver in that motion stated, inter alia :

"a. The Order of February 19, 1986, is a final Judgment as to LYONS' claim for Receiver fees ...


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