Tully v. McLean

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 113663
Decision Date: 
May 14, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Justice: 
SIMON
Holding: 
Affirmed.
At time appellate court opinion in case was filed, judicial sale was already final and Defendants' interests had been transferred to Plaintiffs in satisfaction of money judgment and company continued to operate, even if technically in dissolution. These intervening events transferred all of Defendants' interests in company to Plaintiffs and court properly dismissed case as moot. Final order is res judicata on issue of satisfaction of money judgment, and judicial sale need not be vacated, as Defendants failed to make timely arguments as to its validity by appealing or seeking stay of enforcement. (HARRIS and QUINN, concurring.)