Fitzwilliam v. 1220 Iroquois Venture

20 Citing cases

  1. Weidner v. Szostek

    245 Ill. App. 3d 487 (Ill. App. Ct. 1993)   Cited 20 times
    Concluding that where contractor has substantially performed its contractual obligations, it can collect attorney's fees under contractual provision despite an offset for "the amount necessary to repair or replace the items not completed within the terms of the contract"

    The party seeking attorney fees bears the burden of presenting sufficient evidence from which the trial court can render a decision as to their reasonableness. Fitzwilliam v. 1220 Iroquois Venture (1992), 233 Ill. App.3d 221, 235; Kaiser v. M E P C American Properties, Inc. (1987), 164 Ill. App.3d 978, 983. Plaintiffs submitted a detailed affidavit containing a summary calculation of the time spent on the case, the hourly rate, the total fees due and an itemized summary of billing.

  2. Seiden Law Grp. v. Khan

    2022 Ill. App. 211320 (Ill. App. Ct. 2022)

    ¶ 26 We reject Khan's argument and affirm the judgment order against him, relying on Johns v. Klecan, 198 Ill.App.3d 1013 (1990), Fitzwilliam v. 1220 Iriquois Venture, 233 Ill.App.3d 221 (1992), and Bosch Die Casting Co., Inc. v. Lunt Manufacturing Co., Inc., 236 Ill.App.3d 18 (1992). ¶ 27 In Johns, the plaintiffs in a personal injury action against Georgeann Klecan filed a petition for adjudication of attorney's liens, seeking the denial of any attorney fees to respondents, Nicholas B. Blase and Fred Lambruschi, in connection with their representation of the plaintiffs in the suit against Klecan.

  3. Ollivier v. Alden

    262 Ill. App. 3d 190 (Ill. App. Ct. 1994)   Cited 45 times
    In Ollivier, a real-estate sales contract contained a provision whereby the seller guaranteed that the roof and basement were free of leaks and that all utilities were in good working order at the time of closing.

    Conversely, when the language of a contract is unambiguous, the intent of the parties at the time the agreement was entered into must be determined from the language used in the agreement itself, not from the construction placed upon it afterwards by the parties. ( Fitzwilliam v. 1220 Iroquois Venture (1992), 233 Ill. App.3d 221, 230.) An ambiguity is not created merely because the parties disagree as to the meaning of a contract clause.

  4. Gaddis v. Lannom

    2021 Ill. App. 5th 200327 (Ill. App. Ct. 2021)   Cited 1 times

    Our role is to determine whether the circuit court correctly found that no genuine issue of material fact existed and whether it correctly granted Lannom's cross-motion for summary judgment and denied Gaddis's motion. Fitzwilliam v. 1220 Iroquois Venture, 233 Ill.App.3d 221, 237 (1992). Where, as in here, the parties have filed cross-motions for summary judgment, they agree that only questions of law are involved, and the court may decide the issues based on the record.

  5. Trust Co. of Ill. v. Kenny

    2019 Ill. App. 172913 (Ill. App. Ct. 2019)   Cited 3 times

    Pielet v. Pielet , 2012 IL 112064, ¶ 28, 365 Ill.Dec. 497, 978 N.E.2d 1000. "Our function is to determine whether the trial court correctly found that no genuine issue of material fact existed and whether it correctly entered summary judgment * * *." Morningside North Apartments I, LLC v. 1000 N. LaSalle, LLC , 2017 IL App (1st) 162274, ¶ 10, 412 Ill.Dec. 433, 75 N.E.3d 413 (citing Fitzwilliam v. 1220 Iroquois Venture , 233 Ill. App. 3d 221, 237, 174 Ill.Dec. 371, 598 N.E.2d 1003 (1992) ). Furthermore, "[i]t is the trial court's judgment and not its reasoning that is on appeal."

  6. Tr. Co. of Ill. v. Kenny

    2018 Ill. App. 1172913 (Ill. App. Ct. 2018)

    Pielet v. Pielet, 2012 IL 112064, ¶ 28. "Our function is to determine whether the trial court correctly found that no genuine issue of material fact existed and whether it correctly entered summary judgment." Morningside N. Apartments I, LLC v. 1000 N. LaSalle, LLC, 2017 IL App (1st) 162274, ¶ 10 (citing Fitzwilliam v. 1220 Iroquois Venture, 233 Ill. App. 3d 221, 237 (1992)). Furthermore, "it is the trial court's judgment and not its reasoning that is on appeal."

  7. Valley View Sch. Dist. 365-U v. Hartford Fire Ins. Co.

    2018 Ill. App. 3 (Ill. App. Ct. 2018)

    judgment in favor of one party while denying summary judgment to the opposing party. Fitzwilliam v. 1220 Iroquois Venture, 233 Ill. App. 3d 221, 237 (1992). Generally, when parties file cross-motions for summary judgment, they are in agreement that only questions of law are involved in the appeal and the reviewing court should decide all issues based on the existing record.

  8. Eby-Brown Co. v. FirstSecure Bank & Tr.

    2017 Ill. App. 161366 (Ill. App. Ct. 2017)

    Our role is to determine whether the circuit court correctly found that no genuine issue of material fact existed and whether it correctly entered summary judgment in favor of the plaintiff and denied the defendants' crossmotion for summary judgment. Fitzwilliam v. 1220 Iroquois Venture, 233 Ill. App. 3d 221, 237, 598 N.E.2d 1003, 1013 (1992). When, as in this case, the parties file crossmotions for summary judgment, they are in agreement that only questions of law are involved and that the court may decide the issues based on the record.

  9. Westbrook Apartments v. Fernandez

    2017 Ill. App. 4th 160135 (Ill. App. Ct. 2017)

    John Munic Meat Co. v. Gartenberg & Co., 51 Ill. App. 3d 413, 416, 366 N.E.2d 617, 620 (1977). The question of whether a constructive eviction occurred is a question of fact. Fitzwilliam v. 1220 Iroquois Venture, 233 Ill. App. 3d 221, 231, 598 N.E.2d 1003, 1009 (1992). We will disturb the finding of a constructive eviction only if it is manifestly against the weight of the evidence.

  10. Morningside N. Apartments I, LLC v. 1000 N. LaSalle, LLC

    2017 Ill. App. 162274 (Ill. App. Ct. 2017)   Cited 30 times

    Our function is to determine whether the trial court correctly found that no genuine issue of material fact existed and whether it correctly entered summary judgment in favor of the plaintiff and denied the defendant's cross-motion for summary judgment. Fitzwilliam v. 1220 Iroquois Venture , 233 Ill.App.3d 221, 237, 174 Ill.Dec. 371, 598 N.E.2d 1003 (1992). It is the trial court's judgment and not its reasoning that is on appeal. Material Service Corp. v. Department of Revenue , 98 Ill.2d 382, 387, 75 Ill.Dec. 219, 457 N.E.2d 9 (1983).