Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

08/06/87 Brandel Realty Company, v. O. William Olson

August 6, 1987

BRANDEL REALTY COMPANY, PLAINTIFF-APPELLEE

v.

O. WILLIAM OLSON, DEFENDANT-APPELLANT

THIS IS AN APPEAL FROM A JUDGMENT AWARDING ATTORNEY FEES AND COSTS, PURSUANT TO SECTION 2-611 OF THE CODE OF CIVIL PROCEDURE. (ILL. RE

v.

STAT. 1985, CH. 110, PAR. 2-611.) IT IS ALSO AN APPEAL FROM A JUDGMENT AWARDING PREJUDGMENT INTEREST. WE REVERSE BOTH JUDGMENTS.



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

512 N.E.2d 85, 159 Ill. App. 3d 230, 111 Ill. Dec. 181 1987.IL.1134

Appeal from the Circuit Court of Du Page County; the Hon. Richard A. Lucas, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. LINDBERG, P.J., and NASH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

Plaintiff, Brandel Realty Company, filed a five-count complaint against defendant, O. William Olson, for failure to pay off various promissory notes and for misrepresentation. One of the five counts was dismissed on defendant's motion. Plaintiff was granted a motion for summary judgment on three of the other counts and received a jury verdict on the remaining count.

After the trial court entered judgment on the verdict, plaintiff filed a motion for entry of an order assessing attorney fees and costs pursuant to section 2-611 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-611). Defendant filed a motion to "strike, dismiss and/or deny" plaintiff's motion because it failed to contain the allegations necessary to establish the elements of a section 2-611 award and because a proper motion was not filed within 30 days of judgment. On June 15, 1984, plaintiff filed a memorandum in support of its motion for attorney fees. On July 26, 1984, defendant filed a reply to plaintiff's memorandum. On September 12, 1984, the court entered an order denying defendant's motion to dismiss.

On July 11, 1985, the trial court, after a hearing, entered an order granting plaintiff's motion for attorney fees and costs pursuant to section 2 -- 611 and continued the action for the purpose of awarding an appropriate amount of attorney fees. The court also granted plaintiff's motion for an award of prejudgment interest in the sum of $15,392.91 and granted the plaintiff's verified bill of costs in an amount of $458.30.

On August 20, 1985, plaintiff filed a petition for attorney fees and costs along with an affidavit of costs incurred. On September 5, 1985, defendant filed an answer to plaintiff's petition. At a hearing on May 29, 1986, plaintiff presented no evidence and stood on its petition and accompanying affidavits. Defendant made a motion for a directed finding on the basis that no evidence had been introduced to show the reasonableness of the fees sought. This motion was denied.

On August 25, 1986, the court entered an order awarding fees in the sum of $80,000 and costs in the sum of $4,000 and entered judgment in those amounts. Defendant appeals.

Initially of note is plaintiff's contention that this court should dismiss the present appeal because defendant has failed to include a record of the trial proceedings and evidentiary depositions. Defendant responds that the trial proceedings are not necessary to the appeal because the appeal concerns attorney fees. Defendant contends that the record is sufficiently complete for this appeal because it includes an adequate record of the proceedings related to the attorney fees. We agree.

A party who prosecutes an appeal has the duty of presenting to the court of review everything necessary to decide the issues on appeal. Village of Lakemoor v. First Bank (1985), 136 Ill. App. 3d 35, 42.

Supreme Court Rule 321 sets forth that which is to be provided by a movant on an appeal:

"The record on appeal shall consist of the judgment appealed from, the notice of appeal, and the entire original common law trial court record, unless the parties stipulate for, or the trial court, after notice and hearing, or the reviewing court, orders less. The trial court record includes any report of proceedings prepared in accordance with Rule 323 and every other document filed and judgment and order entered in the cause. There is no distinction between the common law record and the report of proceedings for the purpose ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.