Downs v. Rosenthal

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 121406
Decision Date: 
September 27, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
LAMPKIN
Holding: 
Affirmed.
Plaintiff filed declaratory judgment action to assert ownership interest in his former company, and seeking to enforce a money judgment on individual members of an LLC, based on the purported obligations of the LLC. It would be prejudicial and inequitable to impose money judgment on individual defendants as members of LLC, as a member or manager of an LLC is not personally liable for liability of company solely by being a memeber or manager. A citation to discovery individual defendants' assets will fail if underlying order is invalidated. A citation proceeding must derive its support from the main judgment. (ROCHFORD and HALL, concurring.)