Administrator of decedent's estate filed complaint for slander of title, punitive damages, abuse of process, and partition. Court granted Defendants' Section 2-619 motion to dismiss all counts. Absolute litigation privilege applies to recording of a sheriff's deed in a mortgage foreclosure action.Plaintiff failed to plead cause of action for slander of title, as Plaintiff failed to allege that Defendants intended for recording of sheriff's deed to harm Plaintiff's interests. No action for abuse of process, as Defendants had the right to foreclose in separate foreclosure case. Res judicata does not apply, as foreclosure court's order dismissing Defendant Bank's partition claim was not final, as it was a dismissal without prejudice. Court did not abuse its discretion in allowing partition claim to proceed with the same parties in a different case. (McLAREN and SCHOSTOK, concurring.)
Illinois Appellate Court
Civil Court
Privilege