Gassman v. The Clerk of the Circuit Court of Cook County

Plaintiffs filed suit for mandamus and other relief against circuit clerk, arguing that clerk's imposition of fees for filing a petition to vacate a nonfinal order was not authorized under the Clerks of Courts Act. Appellate court agreed, finding that the Act does not authorize Clerk to charge a fee for filing a petition to vacate a nonfinal order. On remand, Clerk tendered to Plaintiffs a refund of disputed fees, and represented to the trial court that the office had changed its fee-collection policies to comply with appellate court's ruling. Court erred in dismissing Complaint as moot, as there is still an active controversy, as Clerk continues to collect improper fees. Clerk's tender was defective; the check she provided was not negotiable, as it was not made payable to appropriate payee. PUCINSKI and HYMAN, concurring.)