LSREF2 Nova Investments III, LLC v. Coleman

Illinois Appellate Court
Civil Court
Promissory Notes
Citation
Case Number: 
2014 IL App (1st) 140184
Decision Date: 
Friday, December 19, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN
Court erred in finding that res judicata barred Plaintiff from pursuing separate action on promissory note, after court entered judgment confirming sale in foreclosure action. No evidence that personal judgment was pursued in the foreclosure case beyond cursory mention in prayer for relief. Foreclosure judgment did not adjudge Plaintiff's rights under promissory note. (HALL, concurring; ROCHFORD, dissenting.)