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Board of Managers of Northbrook Country Condominium Association v. Spiezer

Court of Appeals of Illinois, First District, Second Division

April 10, 2018

BOARD OF MANAGERS OF NORTHBROOK COUNTRY CONDOMINIUM ASSOCIATION, Plaintiff-Appellee,
v.
JUNE SPIEZER, as Trustee of the June Spiezer Revocable Trust Dated December 16, 1999, and UNKNOWN OCCUPANTS, Defendants Joseph Spiezer, Intervenor-Appellant.

          Filed Supplemental February 20, 2018

          Appeal from the Circuit Court of Cook County, No. 16-M1-721683; the Hon. Martin Moltz, Judge, presiding.

          K.O. Johnson, of Sycamore, for intervenor-appellant.

          Sandra T. Kahn and James A. Slowikowski, of Dickler, Kahn, Slowikowski & Zavell, Ltd., of Arlington Heights, for appellee.

          Panel JUSTICE HYMAN delivered the judgment of the court, with opinion. Presiding Justice Neville and Justice Pucinski concurred in the judgment and opinion.

          OPINION

          HYMAN, JUSTICE

         ¶ 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 Board of Managers of Northbrook Country Condominium Ass'n v. Spiezer, No. 1-13-0573 (Aug. 28, 2013) (unpublished summary order under Illinois Supreme Court Rule 23(c)).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).

         ¶ 5 Background

         ¶ 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 ...


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