State Place Condo. Ass'n v. Magpayo

5 Citing cases

  1. Sherwood Commons Townhome Owners Ass'n v. DuBois

    2020 Ill. App. 3d 180561 (Ill. App. Ct. 2020)   Cited 12 times

    ¶ 17 "The construction of a statute is a question of law that is reviewed de novo ." State Place Condominium Ass'n v. Magpayo , 2016 IL App (1st) 140426, ¶ 20, 403 Ill.Dec. 234, 53 N.E.3d 288. The function of the courts in construing statutes is to ascertain and give effect to the intent of the legislature, and we presume that the General Assembly, in its enactment of the legislation, did not intend absurdity, inconvenience, or injustice.

  2. Gardens v. Wereko

    2022 Ill. App. 210222 (Ill. App. Ct. 2022)

    ¶ 61 Under this standard, we give deference to the trial court because it is in the best position to observe the conduct of the parties and the weight to be given to the evidence (State Place Condominium Association v. Magpayo, 2016 IL App (1st) 140426, ¶ 21) and it "has a degree of familiarity with the evidence that a reviewing court cannot possibly obtain" (In re D.F., 201 Ill.2d 476, 499 (2002)). We therefore must not substitute our judgment for that of the trial court "regarding the credibility of witnesses, the weight to be given to the evidence, or the inferences to be drawn."

  3. Bd. of Managers of the Inverrary Condo. Ass'n v. Karaganis

    80 N.E.3d 48 (Ill. App. Ct. 2017)   Cited 3 times

    "¶ 25 Defendant's argument requires us to interpret section 9-111(a) of the forcible statute, and our review is de novo . State Place Condominium Ass'n v. Magpayo , 2016 IL App (1st) 140426, ¶ 20, 403 Ill.Dec. 234, 53 N.E.3d 288. "The primary rule of statutory construction is to ascertain and give effect to the legislature's intent." Bueker v. Madison County , 2016 IL 120024, ¶ 13, 410 Ill.Dec. 883, 72 N.E.3d 269. "The best indication of that intent is found in the statutory language, given its plain and ordinary meaning.

  4. In re Marriage of Medina

    2019 Ill. App. 180850 (Ill. App. Ct. 2019)   Cited 1 times

    Moreover, "'[w]here the issue on appeal relates to the conduct of a hearing or proceeding, the issue is not subject to review absent a report or record of the proceeding.'" State Place Condominium Ass'n v. Magpayo, 2016 IL App (1st) 140426, ¶ 16 (quoting Webster v. Hartman, 195 Ill. 2d 426, 432 (2001)).¶ 42 Kowalski concedes that she did not provide a sufficient record and requests leniency because she was not present for that hearing.

  5. Fowlkes v. Williams

    2016 Ill. App. 152219 (Ill. App. Ct. 2016)

    The record, as defendant correctly observed, also does not contain a trust document. ¶ 24 " 'This court has long held that in order to sustain a claim of error on appeal the appellant has the burden to present a sufficiently complete record.' " State Place Condominium Ass'n v. Magpayo, 2016 IL App (1st) 140426, ¶ 16 (quoting Webster v. Hartman, 195 Ill. 2d 426, 432 (2001) (citing Foutch v. O'Bryant, 99 Ill. 2d 389, 391-91 (1984)); Longo Realty v. Menard, Inc., 2016 IL App (1st) 151231, ¶ 44 ("The appellant has the burden to present a sufficiently complete record to support a claim of error on appeal."). ¶ 25 We resolve any doubts that arise from the incompleteness of the record against the appellant.