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05/26/88 Bernard Allen Fried, v. Nahum Rosario Et Al.

May 26, 1988

BERNARD ALLEN FRIED, PLAINTIFF-APPELLANT

v.

NAHUM ROSARIO ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

524 N.E.2d 1144, 171 Ill. App. 3d 156, 121 Ill. Dec. 96 1988.IL.834

Appeal from the Circuit Court of Cook County; the Hon. Martin F. Brodkin, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JOHNSON and McMORROW, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiff, Bernard A. Fried, brought an action against Nahum Rosario and Rosario's attorney, James Platt, seeking damages arising out of an alleged wrongful garnishment and slander of title. The trial court dismissed the lawsuit and awarded defendants their attorney fees in the amount of $5,575, plus costs. On appeal, Fried challenges the dismissal of his suit, the dismissal of Platt as a party, the award of fees, and two interlocutory orders that involved the transfer of the cause between the county and law divisions of the circuit court of Cook County.

We affirm.

Background

The circumstances of the pending case cannot be separated from those of a prior lawsuit involving the parties. The previous case involved Fried's petition for the issuance of a tax deed to a certain piece of property that Fried had purchased at a scavenger tax sale. In re Application of Cook County Collector, No. 84 CoTDs 178 (tax deed case).

Fried, as highest bidder, paid $425 for the certificate of purchase on a property with tax delinquencies and various other liens. The property had been owned by Dusan Stevanovich and his wife Jovanka.

The Stevanovichs' title to the premises dated from September 1975. Various liens, including memoranda of judgment totaling in excess of $11,000, were recorded against the property. In October 1978, Dusan quitclaimed his one-half interest in the property to Momir Matich, without consideration.

General taxes for the property were not paid for the years 1976 to 1980. At a scavenger sale on June 20, 1983, Fried purchased the property for $425. The sale was confirmed on August 9, 1983.

On August 30, 1983, Dusan and Jovanka Stevanovich executed a contract to sell the property to Nahum Rosario for $30,000.

In March 1984, Dusan Stevanovich told Rosario, Platt, and a real estate salesman that he had paid $5,000 to Fried for the deed to the premises, which he stated would be forthcoming after the redemption period on the ...


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