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12/17/87 Jacqueline Morris, As v. Dwight H. Doss

December 17, 1987

BLOOMINGDALE, PLAINTIFF-APPELLEE

v.

DWIGHT H. DOSS, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

JACQUELINE MORRIS, as Guardian of the Estate of Eugene

517 N.E.2d 321, 163 Ill. App. 3d 1057, 115 Ill. Dec. 119 1987.IL.1866

Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

APPELLATE Judges:

JUSTICE SPITZ delivered the opinion of the court. McCULLOUGH, J., concurs. PRESIDING JUSTICE GREEN, specially Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

Plaintiff, the guardian of the estate of Eugene Bloomingdale, brought an action in the circuit court of Macon County against defendant Dwight H. Doss, Bloomingdale's attorney, alleging breach of fiduciary duties and negligence in Doss' purchase of property from Bloomingdale. A jury trial was held. A summary of the evidence adduced at trial, with which the parties are well acquainted, is set forth in this court's opinion in National Bank v. Doss (1986), 141 Ill. App. 3d 1065, 491 N.E.2d 106, and need not be repeated herein. The case went to the jury on the issues of negligence and breach of fiduciary duties. The jury returned a verdict, finding for the plaintiff on all issues. The jury awarded $500,000 compensatory and $6 million punitive damages. After the trial Doss filed a motion for a new trial based upon newly discovered evidence. A hearing was held and the motion was denied.

Thereafter, Doss appealed the verdict to this court. On March 19, 1986, we rendered our opinion in Doss, holding, inter alia, that Doss was not entitled to a new trial based upon newly discovered evidence. Additionally, we reduced the punitive damage award to $2 million. Doss, 141 Ill. App. 3d 1065, 491 N.E.2d 106.

On September 24, 1986, Doss filed a motion for relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure of 1963 (Ill. Rev. Stat. 1985, ch. 110, par. 2-1401). On December 26, 1986, the plaintiff filed a motion to dismiss the motion for relief from judgment. On March 31, 1986, a hearing was held on the motions and the cause was taken under advisement. On April 6, 1987, the trial court entered its ruling, as reflected by the following docket entry:

"Court after having considered the arguments of counsel and reviewed the supporting documents, finds as a matter of law that the defendant has failed to exercise due diligence in regard to the discovery of the evidence, that the evidence is cumulative, that the evidence would not have altered the result of the trial, and that the newly discovered evidence produced by virtue of the affidavit of Shirley Durbin is impeached by virtue of her discovery deposition taken March 4, 1985. Defendant's motion for new trial is denied."

Doss now appeals from the denial of his motion for relief from judgment.

Doss contends on appeal that the trial court erred in denying his motion for relief from judgment. Initially, we point out that Doss' argument is void of citation to any legal authority as support for his position. Supreme Court Rule 341(e)(7) (107 Ill. 2d R. 341(e)(7)) provides in part:

"The appellant's brief shall contain [an]

[argument], which shall contain the contentions of the appellant and the reasons therefor, with citation of the authorities and ...


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