Appellate Court of Illinois

In an action seeking entry of a replevin order to recover an automobile and damages for breach of contract, an order granting judgment in favor of defendant and denying plaintiff's motion to stay the circuit court-s findings and reopen evidence reversed as to the judgement and remanded for the court to apply the rebuttable-presumption standard where the circuit court applied an erroneous standard in determining the consequence of a failure of notice to the debtor. The circuit court is affirmed as to: 1) application of the notice provisions under the UCC to the present case; 2) the determination that plaintiff failed to prove notice; and 3) denial of plaintiff's motion to stay the court-s findings and reopen evidence.

Appellate Information

• Decided 06/29/2007
• Published 07/06/2007

Judges

Court

• Appellate Court of Illinois

Counsel