Chinlund v. Heffernan Builders, LLC

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2020 IL App (1st) 191528
Decision Date: 
Monday, June 29, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
WALKER

Plaintiffs contracted with Defendant to purchase a newly constructed home. The closing was delayed, and Plaintiffs filed suit. Case was transferred to commercial calendar mandatory arbitration, and arbitrator found in favor of Plaintiffs. Court entered judgment on all counts although arbitrator did not make individual findings on any count, stating, "judgment in favor of plaintiffs and against defendants in the amount of $59,500.00. Local Rule 25.11 provides that absent rejection, the circuit court is to enter judgment on the arbitrator's award. Court entered judgment for fraud in the inducement (which was one of the counts of the complaint) but without any findings of fraud, and thus there was no basis for entering a judgment on that count.(GRIFFIN and PIERCE, concurring.)