Appellate Court of Illinois

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Engel v. Loyfman, 1-07-1468

An order granting defendant's motion to vacate an agreed settlement order in his suit to enforce an attorney retainer agreement and the court's sua sponte dismissal of plaintiff's suit for lack of subject matter jurisdiction is reversed and the case remanded where: 1) plaintiff waived his argument on the mootness of the 90 day waiting period to file a suit after he withdrew from representing defendant by failing to cite and apply precedent about statutory interpretation and the concept of mootness as mandated by the appellate rules; 2) waiver and equitable estoppel did not prevent defendant from vacating the agreed judgement order due to her status as an unrepresented layperson; 3) the court's erroneous belief that section 508(e)(1) deprived it of authority of plaintiff's claim necessitated the granting of defendant's 2-1404 petition and dismissal of plaitniff's pleading was an abuse of discretion.

Appellate Information

  • Decided 06/06/2008
  • Published 06/11/2008

Judges

  • Presiding Justice McBRIDE delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Jerome Marvin Kaplan, for Plaintiff-Appellant.

  • For Appellees:
  • Lawrence S. Starkopf, Chicago, IL, of Starkopf & Silverman, for Defendant-Appellee.