Swanson v. Cater

9 Citing cases

  1. In re Marriage of Schneider

    298 Ill. App. 3d 103 (Ill. App. Ct. 1998)   Cited 17 times

    155 Ill.2d R. 137. The rule serves to penalize the litigant or attorney who pleads false or frivolous matters, or who brings suit without any basis in the law. In re Estate of Wernick, 127 Ill.2d 61, 77, 535 N.E.2d 876 (1989); Senese v. Climatemp, Inc., 289 Ill. App.3d 570, 581, 682 N.E.2d 266 (1997); Swanson v. Cater, 258 Ill. App.3d 157, 162, 630 N.E.2d 193 (1994). Rule 137 imposes an affirmative duty on attorneys and litigants alike to conduct an investigation of the facts and the law before filing an action, pleading, or other paper. O'Brien Associates, P.C. v. Tim Thompson, Inc., 274 Ill. App.3d 472, 482, 653 N.E.2d 956 (1995); Couri v. Korn, 202 Ill. App.3d 848, 855, 560 N.E.2d 379 (1990).

  2. Stiffle v. Marz

    2016 Ill. App. 150180 (Ill. App. Ct. 2016)   Cited 8 times

    We decline to impose Rule 375(b) sanctions. Swanson v. Cater , 258 Ill.App.3d 157, 163, 196 Ill.Dec. 496, 630 N.E.2d 193 (1994).¶ 66 CONCLUSION

  3. Stiffle v. Marz

    71 N.E.3d 770 (Ill. App. Ct. 2016)

    We decline to impose Rule 375(b) sanctions. Swanson v. Cater , 258 Ill.App.3d 157, 163, 196 Ill.Dec. 496, 630 N.E.2d 193 (1994).¶ 66 CONCLUSION

  4. Tang v. Willis

    2015 Ill. App. 143777 (Ill. App. Ct. 2015)

    ¶ 31 Tang cites cases involving Rule 137 sanctions against both attorneys and their clients in which the notice of appeal or the parties' appellate practice differed from the instant case. In Edwards v. Estate of Harrison, 235 Ill. App. 3d 213 (1992), the client filed a notice of appeal; the attorney and client filed separate briefs, each on his or her own behalf, and had separate counsel on appeal. Discussing Swanson v. Cater, 258 Ill. App. 3d 157 (1994), Tang asserts that an attorney "filed an appeal on behalf of the plaintiff and in his own behalf and identified and named both the plaintiff and himself as appellants in the appeal." Although we agree that the notice of appeal herein was deficient (see Ill. S. Ct. R 303(b) (eff. Jun. 4, 2008)), "[w]here the deficiency is one of form rather than substance, and the appellee is not prejudiced, the failure to comply strictly with the form of notice is not fatal.

  5. Advantage Equip. Res., LLC v. Middleby Corp.

    2013 Ill. App. 121778 (Ill. App. Ct. 2013)

    We decline to enter sanctions against the defendants in this instance because, although we have found no merit in the appeal, it was not so lacking in foundation to suggest it was frivolously brought. Swanson v. Cater, 258 Ill. App. 3d 157, 163 (1994). Accordingly, plaintiff's request for sanctions is denied.

  6. Heckinger v. Welsh

    339 Ill. App. 3d 189 (Ill. App. Ct. 2003)   Cited 18 times
    In Heckinger, however, the court utilized de novo review because the circuit court ruled on the sanctions issue as a matter of law, which the court here did not do.

    Rule 137 is designed to penalize the litigant who pleads false or frivolous matters or who brings a lawsuit without any basis in the law. Swanson v. Carter, 258 Ill. App. 3d 157, 162 (1994). The rule mandates that, by signing a pleading, motion, or other paper, the attorney certifies that "to the best of his [or her] knowledge, information, and belief formed after reasonable inquiry [the pleading] is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose."

  7. Schultz v. Schultz

    297 Ill. App. 3d 102 (Ill. App. Ct. 1998)   Cited 20 times
    Noting that a constructive trust arises under circumstances of fraud, breach of fiduciary duty, duress, mistake, or coercion

    Although we find no merit in the plaintiff's argument, it is not so "lacking in foundation as to warrant the imposition of sanctions." Swanson v. Cater, 258 Ill. App.3d 157, 163 (1994). Thus, we deny the defendants' motion.

  8. Kaloo v. Zoning Board of Appeals

    274 Ill. App. 3d 927 (Ill. App. Ct. 1995)   Cited 13 times

    Accordingly, we hereby vacate the order of consolidation and dismiss plaintiff's second appeal from the circuit court's October 15, 1990, order remanding the case to the ZBA for further proceedings. See Swanson v. Cater (1994), 258 Ill. App.3d 157, 161, 630 N.E.2d 193, 196. Plaintiff argues, as he did before the circuit court, that the City should be estopped from revoking his zoning authorization.

  9. O'Brien & Associates, P.C. v. Tim Thompson, Inc.

    274 Ill. App. 3d 472 (Ill. App. Ct. 1995)   Cited 20 times
    Holding that written findings of fact are required even where sanctions are denied

    We first review the pertinent law. The trial court's decision whether to impose sanctions will not be reversed absent an abuse of discretion. ( Swanson v. Cater (1994), 258 Ill. App.3d 157, 162.) Rule 137 imposes an affirmative duty on attorneys and litigants alike to conduct an investigation of the facts and the law before filing an action, pleading, or other paper. ( Couri v. Korn (1990), 202 Ill. App.3d 848, 855.) We have stated: