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General Practice, Solo & Small Firm
The newsletter of the ISBA’s General Practice, Solo & Small Firm Section

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Newsletter Articles From 2001

New husband’s income considered as part of former wife’s resources in allocating college costs in modification action By David B. Franks October 2001 The recent case of In re Marriage of DRYSCH 247 Ill.Dec. 409, 732 N.E.2d 125 (2nd Dist. 2000), following their dissolution of marriage, ex-wife petitioned for modification of divorce decree, requesting that ex-husband be required to contribute to their child's college expenses.
Old common law remedy for “money had and received” provides equitable remedy for resolving financial entanglements when live-ins split By David B. Franks November 2001 In the recent case of Kaiser vs. Fleming 248 Ill.Dec. 824, 735 N.E.2d 144 (2nd Dist. 2000) a former girlfriend filed a two-count complaint seeking a constructive trust and judgment against her former boyfriend for money she gave him to pay off the mortgage on his home.
Patient beware! Part II By David K. Harris September 2001 Under the fraudulent concealment doctrine, the statute of limitations will be tolled if the Plaintiff pleads and proves that fraud prevented discovery of a cause of action.
Practice alert: voluntary non-suits—criteria and consequences By G. Bradley Hantla February 2001 The Code of Civil Procedure allows for the filing of a voluntary non-suit pursuant to Chapter 735 of the Illinois Compiled Statutes, section 5/2-1009.
Practice pointer: a release is not enough By Babette L. Brennan November 2001 The case of Blutcher v. EHS Trinity Hospital, 321 Ill.App.3d 131, 746 N.E.2d 863, 254 Ill.Dec. 106 (1st Dist. 2001) serves as an unpleasant reminder of just how careful lawyers must be.
Practice tip: preparation of client for deposition—patient beware! Part I By David K. Harris June 2001 In Wilson v. Devonshire Realty of Danville, 241 Ill. Dec. 129, 718 N.E. 2d 700 (Ill. App. 4th Dist. 1999), the Defendant's Motion for Summary Judgment was granted and affirmed.
Practice tip: your professional liability policy provides defense coverage for many ARDC complaints By Patrick F. Cleary June 2001 The mail comes. There is a letter from the ARDC and you know your dues are paid. Your heart sinks. Someone has requested an investigation. Most likely it is a client.
Prevent office theft By Patrick F. Cleary April 2001 Recent news articles document the problem of law office employees stealing money. Checks get kited, unauthorized charges are made on credit cards, and/or estates are plundered by legal assistants.
Quick reference guide to the Business Corporation Act—Part II By Timothy E. Duggan April 2001 Part I of this summary of the Business Corporation Act was printed in the May 2000 issue of this newsletter.
Real estate contracts: By Patrick F. Cleary April 2001 What happens when a Buyer signs a real estate contract and then bounces the earnest money check?
Recent legislative developments By Michele M. Jochner March 2001 Significant changes in Illinois law have occurred as a result of new legislation which became effective January 1, 2001.
Reported cases consider service by special order of court By Dawn R. Hallsten December 2001 Under 735 ILCS 5/2-203.1, a plaintiff may seek leave of the court to serve the defendant by special order of court if the plaintiff has diligently but unsuccessfully attempted to serve the defendant personally or by abode service.
Sellers beware: buyer’s remedies for defective homes By Donald A. LoBue September 2001 There have been significant gains in the consumer protection afforded home buyers over the last decade.
Special use zoning and comprehensive plans By Terrence M. Madsen September 2001 The Illinois Supreme Court has issued an important reminder to municipalities concerning the need for following through on comprehensive plans with appropriate zoning modifications in the opinion in City of Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries, Inc., No. 87101, (March 22, 2001).
Taxes for the general practitioner By Thomas F. Hartzell September 2001 Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.
“We have met the enemy and he is … us” By Matt Maloney March 2001 My erstwhile friends in the legal community know that I regularly read the advance sheets.
Which costs incurred by plaintiffs are recoverable? By Patrick J. Hitpas December 2001 If you represent plaintiffs or defendants, or both, you may get varying results in Illinois regarding which costs incurred by plaintiff are recoverable after trial.