Stiffle v. Marz

Illinois Appellate Court
Civil Court
Sanctions
Citation
Case Number: 
2016 IL App (1st) 150180
Decision Date: 
Friday, December 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
HALL

(Court opinion corrected 3/13/17.) Court within its discretion in imposing sanctions after determining that Plaintiffs' actions and their attorney's actions in filing pleadings (alleging breach of contract in construction of residence) were not well grounded in fact or warranted by existing law and needlessly increased cost of litigation. Remanded for more specific findings that lesser sanctions were inadequate to remedy harm to judiciary and prejudice to Defendant and that dismissal of second amended complaint with prejudice was appropriate sanction. A dismissal with prejudice is a drastic sanction and is applicable only in most egregious situation.(GORDON and LAMPKIN, concurring.)