POM 1250 N. Milwaukee, LLC v. F.C.S.C., Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (1st) 132098
Decision Date: 
June 28, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
HYMAN
Holding: 
Affirmed.
Plaintiff appealed award of attorney fees against it but did not seek stay of enforcement nor post bond. During appeal, Defendant collected entire judgment through postjudgment remedies. After a reviewing court affirms all or part of a judgment, jurisdiction revests in trial court to enforce judgment and for other proceedings. Enforcement of judgment only supplements the original case and does not constitute a separate or subsequent action. When appellate court reversed trial court's fee award order, garnishment order failed, and res judicata did not apply to bar return of fees appellate court found to have been improperly awarded. (NEVILLE and MASON, concurring.)