Plaintiffs filed a complaint against defendants alleging conversion, fraud, conspiracy to commit fraud, slander of title, quiet title, breach of warranty under the Uniform Commercial Code, and statutory damages under the Mechanics Lien Act. The trial court dismissed the second amended complaint with prejudice and plaintiff appealed. One of the defendants also cross-appealed the court’s dismissal of its amended counterclaim. The appellate court affirmed in part, reversed in part, and remanded for further proceedings, finding that the trial court properly dismissed each count of the second amended complaint with prejudice but that the trial court erred when it dismiss one of the defendant’s counterclaims in which it sought attorney’s fees as the prevailing party. (CAVANAGH and STEIGMANN, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure