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In re Estate of Pigott

Court of Appeals of Illinois, First District, Fifth Division

August 16, 2019

In re ESTATE OF KENNETH G. PIGOTT, Deceased
v.
Jane DiRenzo Pigott and David Ramon, as Independent Co-Executors of the Estate of Kenneth G. Pigott, Deceased, and Co-Trustees of the Kenneth G. Pigott Trust Under Agreement Dated December 22, 1989, as Amended, Respondents-Appellees. Christine Brown, Ann Durham, Amy Pot, John Pigott, Steven Pigott, and Katherine Pigott, Each Individually and as Heirs of Kenneth G. Pigott, Petitioners-Appellants,

          Appeal from the Circuit Court of Cook County. No. 15 P 1902 Honorable Karen L. O'Malley, Judge, presiding.

          PRESIDING JUSTICE ROCHFORD delivered the judgment of the court, with opinion. Justices Hoffman and Lampkin concurred in the judgment and opinion.

          OPINION

          ROCHFORD, PRESIDING JUSTICE

         ¶ 1 Petitioners, Christine Brown, Ann Durham, Amy Pot, John Pigott, Steven Pigott, and Katherine Pigott, each individually as an heir of Kenneth G. Pigott (Kenneth), appeal the circuit court's order dismissing their claims against Kenneth's estate under sections 12-108 and 2-1602 of the Code of Civil Procedure (Code) (735 ILCS 5/12-108, 2-1602 (West 2016)). We reverse and remand for further proceedings.[1]

         ¶ 2 For ease of analysis, we begin by setting forth the sections of the Code relevant to this appeal.

         ¶ 3 Section 12-108(a):

"Except as herein provided, no judgment shall be enforced after the expiration of 7 years from the time the same is rendered, except upon the revival of the same by a proceeding provided by Section 2-1601 of this Act ***." Id. § 12-108(a).

         ¶ 4 Section 2-1601:

"Scire facias abolished. Any relief which heretofore might have been obtained by scire facias may be had by employing a petition filed in the case in which the original judgment was entered in accordance with Section 2-1602." Id. § 2-1601.

         ¶ 5 Section 2-1602:

"(a) A judgment may be revived by filing a petition to revive the judgment in the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant ***. ***
(b) A petition to revive a judgment shall be filed in the original case in which the judgment was entered. The petition shall include a statement as to the original date and amount of the judgment, court costs expended, accrued interest, and credits to the judgment, if any.
***
(d) An order reviving a judgment shall be for the original amount of the judgment. The plaintiff may recover interest and court costs from the ...

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