Daniel v. Ripoli

Illinois Appellate Court
Civil Court
Estates
Citation
Case Number: 
2015 IL App (1st) 122607
Decision Date: 
Wednesday, January 28, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
PUCINSKI
(Court opinion corrected 1/30/15.) Defendant company's deceased member's estate filed action to recover amount of LLC distributions allegedly due to decedent per LLC operating agreement. Contract terms are plain and unambiguous and do not limit change in capital accounts to only certain years. Illinois LLC Act is clear as to requirements for effective conversion to LLC, and individual LLC members have no personal liability. In event of an individual member's death, member becomes disassociated from the LLC, and LLC Act does not allow for actions by member's representatives, agents, or a member's estate. A circuit court file stamp is considered date court received notice of appeal for purposes of jurisdiction. (LAVIN and HYMAN, concurring.)