First Capitol Mortg. Corp. v. Talandis Const. Corp.
| Decision Date | 15 April 1975 |
| Docket Number | No. 58657,58657 |
| Citation | 28 Ill.App.3d 684,329 N.E.2d 412 |
| Parties | FIRST CAPITOL MORTGAGE CORPORATION, Plaintiff-Appellant, v. TALANDIS CONSTRUCTION CORPORATION, Defendant-Appellee. |
| Court | United States Appellate Court of Illinois |
John Bernard Cashion, Paul F. Davidson, Kankakee, for plaintiff-appellant.
Morgan, Lanoff, Cook & Madigan, Chicago, for defendant-appellee.
Plaintiff, First Capitol Mortgage Corporation, filed a complaint for declaratory judgment against defendant, Talandis Construction Corporation. Plaintiff sought a declaration of the rights of the parties under a certain 'Procurement Agreement' and an award of damages for the alleged breach of that agreement. After a bench trial, the trial court found that plaintiff was entitled to $19,403 and entered judgment on that finding. However, two months later, the trial court granted defendant's motion and vacated the judgment in favor of plaintiff and entered judgment in favor of defendant. Plaintiff appeals.
Plaintiff raises several issues on appeal. However, due to our disposition of this case, it is unnecessary to reach the merits of plaintiff's contentions or to detail the factual circumstances giving rise to this appeal.
Plaintiff has taken all steps necessary to perfect its appeal. Defendant, on the other hand, appeared but failed to file a brief with this court, although it had been granted ample time in which to do so. Under such circumstances, we are permitted, in our discretion, to summarily reverse, or to examine the record and decide the case without the assistance of the absent party. Ridge Manor Convalescent Home v. City of Chicago, 4 Ill.App.3d 1077, 283 N.E.2d 272.
We have decided to reverse Pro forma. We agree with the language found in People v. Spinelli, 83 Ill.App.2d 391, 393, 227 N.E.2d 779::
(Appellee's failure to file a brief) is regrettable since it leaves the judgment of the trial court without the support of brief and argument to which it is justly entitled. Also, under this posture of the case, if this court is to proceed on its own initiative to determine the merits of the case, it must do so in the dual role of advocate and judge--a position abhorrent to any court.
This court should not be burdened with the preparation of an opinion without the assistance from counsel who obtained the result appealed from (Drovers National Bank of Chicago v. City of Chicago, 133 Ill.App.2d 254, 273 N.E.2d 238.) Such a result is especially appropriate where, as here,...
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First Capitol Mortg. Corp. v. Talandis Const. Corp.
...was remanded to the circuit court of Cook County with directions to reinstate the prior judgment in favor of the plaintiff. 28 Ill.App.3d 684, 329 N.E.2d 412. The defendant contends that the appellate court erred in entering a Pro forma reversal of a judgment of the circuit court. We There ......
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First Capitol Mortg. Corp. v. Talandis Const. Corp.
...circuit court with directions to reinstate the prior judgment in favor of plaintiff. First Capitol Mortgage Corporation v. Talandis Construction Corporation (1975), 28 Ill.App.3d 684, 329 N.E.2d 412. On appeal to the supreme court, the court noted that a uniform practice had not developed i......
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Village of Hoffman Estates v. Spychalski
...this court, in its discretion, may summarily reverse the judgment of the trial court Pro forma. (First Capitol Mtg. Corp. v. Talandis Const. Corp., 28 Ill.App.3d 684, 329 N.E.2d 412; People v. Farrell, 20 Ill.App.3d 786, 314 N.E.2d 538.) However, in the case at bar, the record raises the qu......
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Village of Hoffman Estates v. Johnson
...this court, in its discretion, may summarily reverse the judgment of the trial court Pro forma. (First Capitol Mtg. Corp. v. Talandis Const. Corp., 28 Ill.App.3d 684, 329 N.E.2d 412; People v. Farrell, 20 Ill.App.3d 786, 314 N.E.2d 538.) However, in the case at bar, the record raises a ques......