Hollywood Boulevard Cinema LLC v. FPC Funding II, LLC

Illinois Appellate Court
Civil Court
Guaranty
Citation
Case Number: 
2014 IL App (2d) 131165
Decision Date: 
Monday, November 17, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Counterdefendant is managing member of company operating movie theater, which entered into equipment finance lease with credit company for lease of 1200 theater seats and custom-made elevator, and he personally guaranteed company's obligations under lease. Credit company allegedly assigned lease and personal guaranty to another company which sued member for breach of guaranty, after theater sued that company. A party is not required to file new or amended notice of appeal after entry of amended judgment, unless party intends to challenge amendment to judgment. Member lacks standing to assert noncompliance with agreement as basis to challenge assignment of lease. (HUTCHINSON and BIRKETT, concurring.)