APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
525 N.E.2d 915, 171 Ill. App. 3d 680, 121 Ill. Dec. 608 1988.IL.708
Appeal from the Circuit Court of Cook County; the Hon. Edward H. Marsalek, Judge, presiding.
Rehearing Denied July 12, 1988.
PRESIDING JUSTICE HARTMAN delivered the opinion of the court. STAMOS, J.,* concurs. JUSTICE SCARIANO, specially Concurring.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HARTMAN
Defendant Michael Adelman appeals orders assertedly entered without notice to enforce a four-year-old judgment for violations of the city of Chicago Housing Code (Code). Defendant raises as issues whether: (1) the 1983 judgment is void because it lacked a formal designation of the parties involved; and (2) the circuit court erred in entering 1987 ex parte orders without notice to defendant, which are also void. The city questions the timeliness of defendant's appeal.
On December 7, 1981, the city of Chicago filed a verified complaint against Adelman and four other defendants, docketed as case number 81 M1 71691, for seven Code violations in a three-story building located at 957-959 W. Armitage in Chicago. The complaint requested imposition of a $1,400 fine, temporary and permanent injunctions to force compliance, an order of demolition, reasonable attorney fees and costs. Other defendants were served; however, only Adelman, reportedly the beneficial owner of the land trust involved, filed an appearance.
On October 26, 1982, upon leave of court, the city filed an amended complaint containing 21 additional counts of Code violations and requested a fine of $4,200. At a hearing held on that date, Adelman's attorney asserted partial Code compliance with respect to the original violations claimed. On February 15, 1983, a second amended complaint was apparently filed charging 52 violations; this complaint is not included in the record on appeal. On March 24, 1983, an inspector reported to the court that there had been no compliance. Adelman's attorney stated, however, that his client was trying to obtain funds for rehabilitation of the building. For April 28, 1983, the circuit court half-sheet shows an entry of "x parte 10,400 & C MTV E&C 6-30-83," presumably meaning $10,400 and costs, motion to vacate entered and continued to June 30, 1983. The words "x parte" were lined through. No report of proceedings was made available by the court reporter for that date.
On May 12, 1983, in a written motion, Adelman again sought to vacate the judgment, asserting that he "[had] undertaken steps to substantially comply with the outstanding violations [ sic ]." At a June 30, 1983, hearing, a city inspector reported work in progress on the building. The half-sheet entry for December 1, 1983, contains the words "X to issue," presumably indicating execution to issue. Both parties have stipulated that court reporter notes for the December 1, 1983, proceedings have been lost or stolen so that a verbatim transcript cannot be prepared.
On March 6, 1984, the city filed a new complaint against Adelman and other defendants, docketed as case No. 84 M1 402111, for 50 Code violations in the same building. At a hearing held on April 12, 1984, the new owner, Calvin Boender, stated he would rehabilitate the building. The previously filed amended complaints were brought to the court's attention in the following colloquy:
"MR. CANAVY [Adelman's counsel]: Your Honor, there was a case previously filed, on this building, 81 M1 71691, that went to judgment [ sic ].
We are asking the court to --
THE COURT: The file is not here.
MR. CANAVY: I would like to have the two matters consolidated.
So, perhaps the judgment [ sic ] that was entered, in this ...