Court of Appeals of Illinois, First District, Second Division
BOARD OF MANAGERS OF NORTHBROOK COUNTRY CONDOMINIUM ASSOCIATION, Plaintiff-Appellee,
JUNE SPIEZER, as Trustee of the June Spiezer Revocable Trust Dated December 16, 1999, and UNKNOWN OCCUPANTS, Defendants Joseph Spiezer, Intervenor-Appellant.
Supplemental February 20, 2018
from the Circuit Court of Cook County, No. 16-M1-721683; the
Hon. Martin Moltz, Judge, presiding.
Johnson, of Sycamore, for intervenor-appellant.
T. Kahn and James A. Slowikowski, of Dickler, Kahn,
Slowikowski & Zavell, Ltd., of Arlington Heights, for
JUSTICE HYMAN delivered the judgment of the court, with
opinion. Presiding Justice Neville and Justice Pucinski
concurred in the judgment and opinion.
1 The Board of Managers of the Northbrook Country Condominium
Association (Board) sued June Spiezer, trustee of the June
Spiezer Revocable Trust, to recover common expenses owed on
her condominium unit. After the trial court entered a default
judgment and order of possession, her son, Joseph Spiezer,
moved that the default judgment and order of possession be
vacated, which the trial court granted. Joseph then moved to
quash service, which the trial court denied, finding Joseph
submitted to the court's jurisdiction by filing the
motion to vacate. The trial court entered another order of
possession in favor of the Board.
2 Joseph timely appealed the order of possession, but the
appeal was dismissed for want of prosecution. Board of
Managers of Northbrook Country Condominium Ass'n v.
Spiezer, No. 1-13-0573 (Aug. 28, 2013) (unpublished
summary order under Illinois Supreme Court Rule 23(c)).
Almost three years later, Joseph filed a motion in the trial
court to vacate the order of possession and for an accounting
and judgment in his favor. The trial court found it no longer
had jurisdiction and dismissed his motion, as well as a
motion to reconsider.
3 Joseph appeals arguing (i) the trial court had jurisdiction
to rule on his motions and (ii) the order of possession was
void and the complaint should be dismissed. Having let his
appeal on these issues lapse, Joseph cannot exhume his case
by motion, and we must dismiss.
4 Further, in his brief, Joseph's attorney, K.O. Johnson,
disparages opposing counsel and makes a number of statements
that call into question the trial and appellate court's
integrity. Because of the acerbity of his statements and his
past behavior (a panel of this court previously warned
Johnson regarding improper conduct), we order that he show
cause within 30 days why sanctions should not be imposed
under Illinois Supreme Court Rule 375 (eff. Feb. 1, 1994).
6 On August 31, 2012, the Board of Managers of the Northbrook
Country Condominium Association filed a forcible entry and
detainer complaint against June Spiezer, as trustee of the
June Spiezer Revocable Trust and unknown occupants, seeking
possession and common expenses. June died some nine months
earlier, and, in addition to serving the summons and
complaint on unknown occupants, the Board served Joseph
Spiezer, June's son. After the trial court entered a
default order of possession in the Board's favor, Joseph
successfully moved to vacate the order of possession. Joseph
also moved to quash service, but the trial court denied the
motion, finding that by filing the motion to vacate, he
submitted to the court's jurisdiction.
7 On January 4, 2013, Joseph, as trustee of June Spiezer
Revocable Trust, quitclaimed the condominium unit to himself.
On January 16, 2013, the trial court once again entered an
order of possession in the Board's favor. Joseph filed a
timely notice of appeal, which the appellate court dismissed
for want of prosecution. Spiezer, No. 1-13-0573.
8 Nearly three years later, on May 20, 2016, Joseph filed a
petition to vacate the January 16, 2013, order of possession
under section 2-1401(f) of the Code of Civil Procedure (735
ILCS 5/2-1401(f) (West 2014)), arguing the order of
possession was void because June was deceased when the
complaint was filed and her beneficiaries were not named as a
party. Joseph voluntarily withdrew the section 2-1401
petition on June 21, 2016. On August 2, 2016, Joseph filed a
motion to intervene in the forcible entry and detainer case,
rearguing that June predeceased the filing of the case and
her beneficiaries had not been properly served with a summons
and complaint. Joseph asserted he should be allowed to
intervene to vacate the ...