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.

12/15/89 John Biestek & Associates, v. Laurence Kelly

December 15, 1989

JOHN BIESTEK & ASSOCIATES, LTD., PLAINTIFF-APPELLEE

v.

LAURENCE KELLY, DEFENDANT-APPELLANT



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION

550 N.E.2d 230, 192 Ill. App. 3d 301, 140 Ill. Dec. 594 1989.IL.1949

Appeal from the Circuit Court of Cook County; the Hon. David Lichtenstein, Judge, presiding.

APPELLATE Judges:

JUSTICE McNAMARA delivered the opinion of the court. EGAN, P.J., and LaPORTA, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCNAMARA

Plaintiff, John P. Biestek and Associates, Ltd., a law firm, sued defendant Laurence Kelly, its former client, for attorney fees. The trial court entered a default against defendant for failure to answer interrogatories within a seven-day period, as ordered by the court. The trial court denied defendant's motion to vacate the judgment and defendant appeals.

On April 14, 1988, plaintiff filed suit. On May 11, 1988, defendant filed his pro se appearance. On May 23, 1988, defendant filed his answer to the complaint.

On September 1, 1988, plaintiff filed a set of interrogatories.

On October 13, 1988, plaintiff filed a motion for summary judgment. The motion was continued and a briefing schedule was set.

On October 25, 1988, plaintiff filed a motion for sanctions for defendant's failure to answer the interrogatories. Plaintiff sought either a default judgment, or an order barring defendant from providing evidence which would have been disclosed in the interrogatory answers, or an order requiring defendant to pay the attorney fees necessary to bring the motion for sanctions.

The court ordered defendant to answer the interrogatories by November 1. The court continued the motion for sanctions to November 14.

On October 27, 1988, defendant filed an answer to the complaint.

At the November 14 hearing on the motions for sanctions and for summary judgment, the court denied defendant's request for a continuance to obtain counsel. The court continued plaintiff's motion for summary judgment generally, and granted plaintiff's motion for sanctions. The court struck defendant's answer, held defendant in default, and set the matter for prove up on December 30.

On December 30, 1988, defendant failed to appear and an ex parte judgment was entered in favor of plaintiff in the ...


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.