Supreme Court of Illinois

In a professional malpractice action arising from the preparation of a power of appointment in a will, dismissal of the claim as untimely is reversed where: 1) plaintiffs filed their claim within the timeframe specified by the applicable statute of limitations; 2) by virtue of a supreme court decision made less than a month before the claim was filed, which invalidated the entirety of the act where the statute of limitations was found, no period of time remained in which to file the complaint and it was instantaneously barred; and 3) the court exercised its equitable powers to preclude what would otherwise be a harsh and unjust result.

Appellate Information

• Decided 02/17/2006
• Published 02/17/2006

Judges

• Justice FITZGERALD delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Gino L. DiVito and Daniel I. Konieczny, of Tabet, DiVito & Rothstein, L.L.C., Chicago, for appellants.


• For Appellees:
  
• Thomas W. Gooch III and Melissa G. Massey, Wauconda, for appellees.