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Glens of Hanover Condo. Ass'n v. Carbide

Court of Appeals of Illinois, Second District

March 12, 2014

GLENS OF HANOVER CONDOMINIUM ASSOCIATION, Plaintiff-Appellee,
v.
IMTIAZ CARBIDE, Defendant-Appellant (All Unknown Occupants, Defendants)

Appeal from the Circuit Court of Du Page County. No. 10-LM-2147. Honorable James D. Orel, Judge, Presiding.

Affirmed.

SYLLABUS

In a forcible entry and detainer action where the trial court entered a default judgment for plaintiff, including attorney fees, and then the appellate court, on appeal by defendant, reversed the denial of defendant's motion to quash service and vacated the default judgment, the trial court properly found that it lacked jurisdiction to consider defendant's motion to require plaintiff to turn over possession of the condominium and the rents plaintiff had been collecting and plaintiff's motion to set its complaint for forcible entry and detainer for trial, since the appellate court did not revest the trial court with jurisdiction where it did not remand the cause.

Sakina Carbide, of Law Offices of Sakina Carbide, of Chicago, for appellant.

David A. Golin, Hal R. Morris, and Allan Goldberg, all of Arnstein & Lehr LLP, of Chicago, for appellee.

JUSTICE ZENOFF delivered the judgment of the court, with opinion. Presiding Justice Burke and Justice Schostok concurred in the judgment and opinion.

OPINION

ZENOFF, JUSTICE.

[¶1] Defendant, Imtiaz Carbide, appeals from an order of the circuit court of Du Page County ruling that it was without jurisdiction to decide defendant's motion for a turnover of possession of a condominium unit and rents. We affirm.

[¶2] This matter is before this court for the second time. On June 21, 2010, plaintiff, Glens of Hanover Condominium Association, filed a complaint pursuant to the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq . (West 2010)), alleging that it was entitled to possession of 1488 Sutter Drive, Unit 1624-2, Hanover Park,

Page 857

Illinois. Plaintiff also sought to recover unpaid assessments, other common charges, attorney fees, and costs. Following a number of unsuccessful attempts to serve defendant, plaintiff obtained an order allowing alternative service. Pursuant to that alternative service, plaintiff took a default judgment against defendant in the amount of $14,156.32, which included attorney fees. Thereafter, defendant filed a motion to quash service and vacate the judgment, which the trial court denied. Defendant appealed, and on October 26, 2012, this court reversed the order denying the motion to quash service. Glens of Hanover Condominium Ass'n v. Carbide, 2012 IL App (2d) 120008-U, ¶ ¶ 28, 35 ( Carbide I ). This court also vacated the default judgment. Carbide I, 2012 IL App (2d) 120008-U, ¶ 35. Our judgment line stated: " Order reversed; default judgment vacated." Carbide I, 2012 IL App (2d) 120008-U, ¶ 35. This court did not remand the cause to the trial court. On December 11, 2012, this court's mandate issued, as follows:

" On the 26 day of October 2012, a Decision of the aforementioned Court was entered and in accordance with the views expressed in the attached Decision the judgment of the trial court is Reversed order [ sic ]; default judgment vacated."

[¶3] On November 30, 2012, defendant filed in the trial court a motion " for turnover of possession, rents and for attorney's fees and costs." The motion alleged that, after this court's reversal of the judgment, plaintiff continued in possession and continued to collect rents. Before defendant's motion was heard, plaintiff filed a motion to set for trial its complaint for forcible entry and detainer.[1] Plaintiff asserted that, by filing the turnover motion, defendant submitted himself to the trial court's jurisdiction. On March 28, 2013, the trial court found that this court had not remanded the matter to the trial court, and, thus, the trial court ...


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