Hernandez v. Pritikin

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2012 IL 113054
Decision Date: 
December 13, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
KARMEIER
Holding: 
Appellate court affirmed; remanded.
A party claiming res judicata bears the burden of showing that res judicata applies, and thus has a duty to clarify the record so as to clearly demonstrate their entitlement to application of res judicata. A party cannot use oral pronouncements of the court which are ambiguous indicators of the court's intent to explain otherwise unambiguous written orders. (KILBRIDE, FREEMAN, THOMAS, GARMAN, BURKE, and THEIS, concurring.)