Krautsack v. Anderson

State: Illinois

Docket No: 101718 Rel

Preview:Docket No. 101718.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS
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RICHARD G. KRAUTSACK, Appellee, v. DAVID ANDERSON et al., Appellants. Opinion filed December 21, 2006.

JUSTICE FITZGERALD delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Kilbride, and Garman concurred in the judgment and opinion. Justice Karmeier dissented, with opinion. Justice Burke took no part in the decision.

OPINION Plaintiff, Richard G. Krautsack, brought an action in the circuit court of Cook County against defendants, Luxury Adventures, Ltd. (Luxury), a California corporation, and David Anderson, Luxury's president and sole shareholder, for breach of contract and violations of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act or Act) (815 ILCS 505/1 et seq. (West 2004)). Defendants prevailed at trial and subsequently filed a petition seeking attorney fees and costs pursuant to section 10a(c) of the Act (815 ILCS 505/10a(c) (West 2004)) and Supreme Court Rule 137 (155 Ill.

2d R. 137). The trial court granted plaintiff's motion to strike defendants' fee petition. Both parties appealed. The appellate court affirmed the trial court's judgment in favor of defendants on plaintiff's complaint, and affirmed the trial court's order striking defendants' fee petition. No. 1

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