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.

07/22/94 AIROLEN CAPITAL VENTURES v. CHRIS A. PETRI

July 22, 1994

AIROLEN CAPITAL VENTURES, INC., PLAINTIFF-APPELLANT,
v.
CHRIS A. PETRI, INDIV., AND KRISTEL CORPORATION, A/K/A KRISTEL TECHNOLOGIES CORPORATION, DEFENDANTS-APPELLEES (GLENDA PETRI, DEFENDANT).



Appeal from the Circuit Court of Du Page County. No. 89-L-129. Honorable Edward R. Duncan, Jr., Judge, Presiding.

Quetsch, McLAREN, Doyle

The opinion of the court was delivered by: Quetsch

JUSTICE QUETSCH delivered the opinion of the court:

The plaintiff, Airolen Capital Ventures, Inc., appeals from the circuit's order reaffirming the imposition of sanctions in the form of attorney fees and costs for the plaintiff's failure to comply with Supreme Court Rule 137 (134 Ill. 2d R. 137). We reverse and remand with directions.

In January 1989, the plaintiff filed a two-count complaint for breach of contract and quantum meruit against the defendants, Chris A. Petri, Glenda Petri, and Kristel Corporation. On October 3, 1990, the trial court granted the plaintiff's motion- for a voluntary dismissal.

On November 2, 1990, defendants Chris A. Petri and Kristel Corporation filed a motion for sanctions in the nature of attorney fees and costs pursuant to Supreme Court Rule 137 (134 Ill. 2d R. 137). The motion averred that the plaintiff's complaint was without foundation and was not well grounded in fact or in law. After a hearing on May 28, 1991, the trial court entered an order forsanctions in the amount of $13,500 in favor of the movants and against the plaintiff. The order generally stated that there was a failure to comply with Supreme Court Rule 137. The trial court denied the plaintiff's motion to reconsider.

The plaintiff appealed to this court, and in an order entered on August 19, 1992, this court vacated as deficient the trial court's order imposing sanctions and remanded the cause for further proceedings so that the trial court could make specific factual findings in its order as required by Supreme Court Rule 137 (134 Ill. 2d R. 137). The defendants then filed a motion for the trial court to set forth factual findings in support of its original order. On March 4, 1993, the trial court entered an order reaffirming the imposition of sanctions which stated in relevant part:

"A. The Plaintiff did not make an adequate and sufficient investigation into the facts prior to filing the complaint in this matter.

B. The discovery matters and the Answers to the Request To Admit show there was no basis for the litigation to be brought.

C. The requirements of Illinois Supreme Court Rule 137 were not met in this case."

The plaintiff filed a timely notice of appeal. On appeal, the plaintiff argues that the trial court abused its discretion in entering sanctions against it.

Although no appellee's brief has been submitted, we decide this appeal under the guidelines established in First Capitol Mortgage Corp. v. Talandis Construction Corp. (1976), 63 Ill. 2d 128, 345 N.E.2d 493.

While the record may support the imposition of sanctions, we again find that the trial court's order imposing sanctions is deficient and therefore we are unable to address the merits of the appeal. We reverse the order imposing sanctions and remand the cause with directions for the circuit court to make more specific written factual findings to support the award of fees and costs as required by Supreme Court Rule 137 (134 Ill. 2d R. 137). See North Shore Sign Company, Inc. v. Signature Design Group, Inc. (1992), 237 Ill. App. 3d 782, ...


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.