Publications

Schmidt v. Gaynor

Illinois Appellate Court
Civil Court
Attorney Fees
Citation
Case Number: 
2019 IL App (2d) 180426
Decision Date: 
Wednesday, May 22, 2019
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
BURKE

Court properly dismissed with prejudice Plaintiff's breach of contract complaint, alleging excessive fees, against 2 sets of attorneys in her divorce case. Defendants had filed fee petitions under Section 508 of Dissolution of Marriage Act, where court reserved ruling on reasonableness and necessity of the fees pending resolution of the proceedings. The matters raised in the fee petitions and in Plaintiff's breach of contract complaint were the "same cause" and complaint was properly dismissed per section 619(c)(3) of Code of Civil Procedure. Section 508 provides Plaintiff with the opportunity to fully litigate her claim, which is a straightforward attorney-fee issue, not a legal malpractice action, and thus Plaintiff has no right to a jury trial. (BIRKETT and ZENOFF, concurring.)