IN Mechanics Lien Act case, circuit court granted Plaintiff's amended motion for sanctions, and granted some but not all of the attorney fees and costs requested. Plaintiff appeals the amount awarded and Defendants cross-appeal. Plaintiff's amended motion was timely, as it was filed within 30 days of Plaintiff's timely-filed postjudgment motion. Court's decision to allow amendment was a matter for the circuit court's discretion, not of compliance with Rule 137. Court considered totality of circumstances, including Plaintiff's reasons for delay in filing. Court abused its discretion in failing to consider whether Defendants' arguments after defense counsel's removal were well grounded in fact, given Defendants' admissions. (McLAREN and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Sanctions