Anderson v. Grand Bahama Development Co., 83-2871

Decision Date15 November 1985
Docket NumberNo. 83-2871,83-2871
Citation485 N.E.2d 1237,138 Ill.App.3d 272
Parties, 93 Ill.Dec. 27 Clarence A. ANDERSON, et al., Plaintiffs, and J.A. Anderson, et al., Petitioners-Appellants, v. The GRAND BAHAMA DEVELOPMENT COMPANY, et al., Defendants-Appellees.
CourtUnited States Appellate Court of Illinois

Page 1237

485 N.E.2d 1237
138 Ill.App.3d 272, 93 Ill.Dec. 27
Clarence A. ANDERSON, et al., Plaintiffs,
and
J.A. Anderson, et al., Petitioners-Appellants,
v.
The GRAND BAHAMA DEVELOPMENT COMPANY, et al., Defendants-Appellees.
No. 83-2871.
Appellate Court of Illinois,
First District, Fifth Division.
Nov. 15, 1985.

[138 Ill.App.3d 273] Stephen B. Diamond, Margaret M. Fahrenbach, Beeler, Schad & Diamond, P.C., Chicago, Ill., for petitioners-appellants.

Reuben & Proctor, Chicago (Don H. Reuben, Steven A. Weiss, of counsel), for defendants-appellees.

LORENZ, Justice:

Petitioners have appealed from an order of the circuit court of Cook County denying

Page 1238

[93 Ill.Dec. 28] them leave for post-judgment intervention in a lawsuit. That lawsuit was originally filed as a class action but was then amended to delete all class allegations and was dismissed following a settlement between all named plaintiffs and the defendants (appellees here). Petitioners also appeal from the circuit court's denial of their motion to open the cause pursuant to section 2-1401 of the Code of Civil Procedure. Ill.Rev.Stat.1983, ch. 110, par. 2-1401.

We affirm

In 1976 the original plaintiffs in this cause filed a complaint alleging that the defendants violated Illinois and federal securities laws when they advertised and sold individual parcels of property on Lucaya, Grand Bahama Island. Plaintiffs brought the action individually and as a class action on behalf of:

"All other persons who are or were Illinois residents and who have purchased investment contracts evidenced in part by land installment contracts for land in the Lucaya Development, through [defendants]."

The circuit court initially granted defendants' motion to dismiss the complaint for failure to state a cause of action, but on appeal to this court we reversed and remanded, finding that a proper cause of action had been made out. Anderson v. Grand Bahama Development Co. (1978), 67 Ill.App.3d 687, 24 Ill.Dec. 114, 384 N.E.2d 981, cert. denied (1979), 444 U.S. 930, 100 S.Ct. 272, 62 L.Ed.2d 187.

On April 10, 1981 plaintiffs were given leave to file an amended [138 Ill.App.3d 274] complaint adding over 60 additional plaintiffs and deleting all class action allegations. That same day the cause was dismissed in an order reciting that a settlement agreement had been entered into by the parties. No class had ever been certified and the settlement agreement, which was not made part of the record, apparently only related to...

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