Work Zone Safety, Inc. v. Crest Hill Land Development LLC

Court granted equitable relief on judgment confirming arbitration award, in dispute over Defendant's sale of wetlands property to Plaintiff. Arbitrator concluded that Defendant was obligated to repurchase property at a certain price and awarded Plaintiff damages in the amount of said price, noting that award "stands" if Defendant failed to repurchase property. Defendant failed to repurchase or appeal, and moved to dismiss supplementary proceedings. Defendant's motion to dismiss was collateral attack on final judgment without satisfying any requirements under Sections 2-1301 or 2-1401, and circuit court's order granting equitable relief to Defendant impermissibly modified judgment and underlying arbitration award. Court properly interpreted arbitration agreement's fee-shifting provision as inapplicable because dispute did not involve escrow funds. (SIMON and NEVILLE, concurring.)