Illinois Appellate Court
Civil Court
Leases
Plaintiff and energy company, owners of several oil and gas leases over tracts of land south of a state part, entered into letter agreement with Defendat oil and gas exploration and development company in Oklahoma, agreeing to perform seismic survey in exchange for 25% working interest in leases. Defendant is not judicially estopped from asserting any right of protection arising from settlement agreement, as defense counsel took positions in two different cases which were not factually inconsistent. Trial court made express Rule 304(a) written finding, and then stated that it was recusing itself from all future proceedings. Timing of recusal does not itself create appearance of impropriety. (CATES and CHAPMAN, concurring.)