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11/03/88 Lester J. Salvator, v. Admiral Merchant's Motor

November 3, 1988

LESTER J. SALVATOR, PLAINTIFF-APPELLEE

v.

ADMIRAL MERCHANT'S MOTOR FREIGHT, D/B/A TRANSCONTINENTAL EXPRESS, A DIVISION OF JACK-COLE DIXIE HIGHWAY



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Company, Defendant-Appellant (Wilfred R.

Bolish, Appellant)

530 N.E.2d 639, 175 Ill. App. 3d 901, 125 Ill. Dec. 481 1988.IL.1602

Appeal from the Circuit Court of Livingston County; the Hon. William T. Caisley, Judge, presiding.

APPELLATE Judges:

JUSTICE SPITZ delivered the opinion of the court. GREEN, P.J., and McCULLOUGH, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SPITZ

Appellant Wilfred R. Bolish (Bolish) was found in contempt of court for his failure to appear before the trial court a third time pursuant to a supplementary proceeding commenced by plaintiff Lester J. Salvator (Salvator). The trial court issued a warrant for the arrest of Bolish. Defendant Admiral Merchant's Motor Freight (Admiral) and Bolish, accountant for Admiral and a Minnesota resident, appeal from the order of the circuit court of Livingston County, arguing that the trial court did not have in personam jurisdiction over Bolish in the supplementary proceeding and thus was without the power to issue a contempt order against Bolish.

On May 19, 1986, a judgment was entered in the circuit court of Livingston County for Salvator on an action he brought against Admiral. Admiral appealed to this court, which affirmed the circuit court's judgment on June 22, 1987. (Salvator v. Admiral Merchants Motor Freight (1987), 156 Ill. App. 3d 930, 509 N.E.2d 1349.) The judgment remained unsatisfied at the close of 1987. Therefore, the trial court ordered a citation to discover assets directed to "Bill Bolish, Admiral Merchants Motor Freight," on December 31, 1987. The citation commanded Bolish to appear before the trial court on January 22, 1988. Bolish did not appear at the January 22, 1988, hearing. However, an attorney for defendant Admiral entered a special limited appearance, which the trial court overruled.

A second citation to discover assets was issued on January 26, 1988, commanding Bolish to appear before the trial court on March 11, 1988. The date for this hearing was amended to March 22, 1988. Bolish failed to appear at the hearing for the second citation to discover assets; thus, the trial court issued an order commanding Bolish to appear before it on April 22, 1988, to show cause as to why he should not be adJudged of and punished for contempt of the circuit court of Livingston County.

While plaintiff was seeking the appearance of Bolish in Illinois, counsel for plaintiff in Minnesota sought the deposition of any officer of Admiral. The district court of Hennepin County, Minnesota, issued a subpoena on March 1, to "any officer of Admiral Merchant's et al." to appear for deposition on April 12 in Minneapolis. Likewise, on March 1, plaintiff's Minnesota counsel sent a demand for production of documents to any officer of Admiral.

Letters sent by Admiral's Minnesota counsel to the trial court dated April 20, 1988, and to the trial court by Admiral's executive vice-president dated April 26, 1988, indicate that Bolish appeared for the deposition and was deposed. In the letter from Admiral's Minnesota counsel, the attorney argued that the assets of Admiral had been discovered through Minnesota procedure and that the Illinois proceedings were "moot."

Returning to the Illinois proceedings, Bolish failed to appear before the trial court on April 22 to show cause why he should not be held in contempt of court. This was the third instance where Bolish failed to attend a hearing before the trial court after it had ordered Bolish's appearance. That same day, April 22, the trial court issued a warrant of arrest of "William R. Bolish, a/k/a Wilfred R. Bolish c/o Admiral." Bond was set at $50,000 without the application of 10% bond.

After the warrant of arrest was issued, the executive vice-president of Admiral wrote a letter to the trial Judge asking him to reconsider his issuance of the warrant of Bolish's arrest. ...


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