Thompson v. Buncik -

State: Illinois

Court: 2nd District Appellate

Docket No: 2-10-0589 NRel

Case Date: 07/26/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Thompson v. Buncik, 2011 IL App (2d) 100589

Appellate Court Caption

ROBERT THOMPSON and TINA THOMPSON, Individually and Together, Plaintiffs and Respondents-Appellees, v. JOHN BUNCIK, CHAD "DOE," a Person Whose Last Name is Not Known, TOM HOWLETT, and HOWLETT COMPANIES, INC., d/b/a Tom Howlett Construction, Inc., d/b/a Charter Supply Company, and d/b/a Howlett Homes, Defendants (Mort A. Segall, Petitioner-Appellant).

District & No.

Second District Docket No. 2-10-0589 July 26, 2011 December 29, 2011 The trial court did not err in awarding petitioner attorney fees at the rate of $175 per hour on a quantum meruit basis after petitioner withdrew on plaintiffs' request, and the record did not support petitioner's claim that the parties "stipulated" to an hourly rate of $250, and, furthermore, petitioner presented no foundation for his claim that interest should have been awarded, his appeal was frivolous, his requests for rehearing and a certificate of importance were denied, and fees and costs were awarded to respondents for defense of the appeal.

Filed Modified upon denial of rehearing Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Appeal from the Circuit Court of Boone County, No. 05-L-26; the Hon. Fernando L. Engelsma, Judge, presiding.

Judgment Counsel on Appeal

Affirmed. Mort A. Segall, of Segall Law Offices, of Rockford, for appellant. Robert F. May, of Law Offices of Robert D. Lowe, of Rockford, for appellees.

Panel

JUSTICE McLAREN delivered the judgment of the court, with opinion. Justices Hutchinson and Birkett concurred in the judgment and opinion.

OPINION

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