AUGUST 2

FIRST COUNTY BANK V ESTATE OF RONALD L LEEZY, CHRISTOPHER LEE BACOTT AS ADMINISTRATOR, $63,170.78, 7000 YORKER DRIVE, BELLEVILLE. 17CH496

AUGUST 3

JP MORGAN CHASE BANK V LATOYA GRAHAM, $100,195.37, 22 ORLANDO PLACE, FAIRVIEW HEIGHTS. 17CH497

AUGUST 8

THE BANK OF EDWARDSVILLE V T. BOW, INC., THOMAS BOW, $30,924.20, 111 WEST SCHUETZ STREET, LEBANON. 17CH504

THE BANK OF EDWARDSVILLE V T. BOW, INC., THOMAS BOW, $159,008.91, 206 BOW DRIVE, LEBANON. 17CH505

AUGUST 9

WILMINGTON SAVINGS FUND SOCIETY V LAWRENCE BREWER, $110,805.58, 101 & 103 KINGSWAY DRIVE, BELLEVILLE. 17CH507

JULY 24

BELLEVILLE

$17,000 -1229 NORTH 17TH STREET UNIT 35- SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO ELLEN THIELEMAN       

$17,842.92 -505 NORTH 4TH STREET- HARBOUR PORTFOLIO VIII, LP TO HEADLANDS ASSET MANAGEMENT, LLC  

$48,000 -718 EMMA STREET-LEROY C FORNESS TOSHANE AND JULIE JOELLENBECK                                           

$55,000 -410 VICKBURG DRIVE- APRIL HAMPTON TO YONG SUK JUENGER

$63,100 -16 WESLEY DRIVE- DEUTSCHE BANK NATIONAL TRUST TO SKY BLUE DEVELOPMENT, INC              

$70,900 -514 SOUTH 21ST STREET- KENNETH AND DONNA REED TO JOSHUA RIESTER                                       

$80,000 -1421 EXPRESS DRIVE- GARY FORSEE TO LAKEISHA WHITE

$115,000 -112 BLUEGRASS LANE- GARY G WENZEL TO JUANITA MARLOW                                                             

$126,500 -4720 RUTH STREET- GERALD AND BARBARA PALMISANO TO JERMAINE HOWARD                         

$184,000 -950BLUE HERON COURT- REGIONS BANK TO ADAM AND LINDSAY ROMERO                                    

$212,500 -3008 BLACKWOOD DRIVE- JUSTIN AND BARRIE MASCHOFF TO MADDIS FEARN                              

$100,000-15 BELLE CREST DRIVE- JOHN AND GAIL JUSTIS TO DONNA SUMNER                                                                                                                                                                                                                                                                    

COLLINSVILLE                                                                                                                                                                                   

$50,000 -2940 BLACK LANE- ANTHONY HUNTED TO MARCO A VILLA

DUPO

$6,694,500 -721 PRAIRIE DUPONT DRIVE- ILLINOIS BECKNELL INVESTORS 2011 LLC TO RATTREE INVESTMENTS LLC               

EAST SAINT LOUIS

$11,783.03 -1313 WILLIAMS STREET- HARBOUR PORTFOLIO VIII, LP TO HEADLANDS ASSET MANAGEMENT, LLC   

$12,500 -340 REAR PIGGOTT AVE- CARLA HUNTER TO MARRISSA MINCY                                                               

$18,495 -1323 RICHARD DRIVE- SG CAPITAL PARTNERS, LLC TO THE DEXTER GROUP TRUST                           

$21,589 -5606 WESTMORELAND- SG CAPITAL PARTNERS, LLC TO THE DEXTER GROUP TRUST                        

FAIRVIEW HEIGHTS        

$122,500-9850 OLD LINCOLN TRAIL- JUSTIN AND JAMIE GOUGH TO MICHAEL SMITH                                        

$143,311-5434 BAYLOR DRIVE- SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO ESAU EDWARDS AND KIMMI WILLIAMS

FREEBURG

$115,000-213 ALAMOSA DRIVE- DIANE C ALT TO NICKI AND PAMELA FONTI                         

$152,000 -216 ALAMOSA DRIVE - JUSTIN AND MORGAN BELDING TO LORAINE AND RUTH QUIRIN             

$157,000 -12 PARK STREET- KEVIN ABELL TO KENNETH AND JANICE BENTON                                                       

$320,000 -641 OLD FAYETTEVILLE ROAD - ROBERT AND SHELLEY HARRIS TO MEAGAN E GRAUL                    

LEBANON

$147,500-304 WEST MAIN STREET- PAULA DAWSON TO GARY AND ANACLETA STEFFEN                                 

MASCOUTAH

$50,000 -7301 WOODLAND SCHOOL ROAD- ALLANA NOLLAU TO SHANE AND KIMBERLY NOLLAU               

$96,000 -1143 ILLINIWEK DRIVE- AKS DEVELOPMENT LLC TO KAPPERT CONSTRUCTION CO, INC                  

MILLSTADT                                                                                                                        

$161,800 -3 GREENFIELD DRIVE- DONNA BETANCOURT TO KENT AND DEBORAH SCHARF                

NEW ATHENS

$45,000 -601 S MARKET ST- VA ASSET 113728 TO JAMES AND ANNE TOUCHETTE                                               

O’FALLON                          

$54,512 -803 CYPRESS CT- US BANK TO BRENDA AND ROY BULLOCK         

$57,000-1323 ASHTON FALLS DRIVE- RESERVES OF TIMBER RIDGE, LLC TO HUNTINGTON CHASE HOMES 

$61,700 -599 FLAGSTONE PASS DRIVE- RESERVES OF TIMBER RIDGE, LLC TO HUNTINGTON CHASE HOMES                                                                                                                             

$77,000 -303 DARTMOUTH DRIVE- CIOLA FAMKILY TRUST TO GERALYN FARMER                

$115,000 -12 GRANDVIEW DRIVE- ISSAC J. AND GABRIELLE M. HATTON TO MATTHEW THAXTON                

$135,000 -402 WEST OAK STREET- FIREBALL 1960 LLC 1 TO ANTHONY AND JACQUELINE KLOTZ                   

$144,100 -1123 WOODGATE DRIVE- SUSAN EDELMANN LAND TRUST #100 TO RUSSELL AND JILL KING     

$149,900 -104 EAST JEFFERSON STREET- ANTHONY CROWE TO ERIC AND BRITTANY BERRY                            

$150,000 -339 VERMILLION DRIVE- RAYMOND MANIPOLE TO DONALD MANA JR                                

$179,000-801 MEADOWLARK- SAQUIBA HAQ TO PHILIP AND TERESA FUIDO        

$239,999 -21 BRANDONWOOD DRIVE- JUSTIN AND KELLEY KWIATKOWSKI TO REYNALDO AND KELLY MENDOZA                                                                                 

$215,000 -903 REISS ROAD- FRANK A D'ANGELO, JR TO MEGHANN AND EMMETT TALKINGTON                  

$263,000 -5045 BRISTOL HILL- SHAWN AND ANGELA WRIGHT TO KYLE AND TAYLOR LAFRENCE                   

$310,038 -613 PORTSMITH PLACE DRIVE- PBBF, LLC TO KEVIN AND SHERI FRIEDMAN                                       

$327,134 -1304 PUCKETTS POINT- HUNTINGTON CHASE HOMES  TO NICOLAS AND LYNDSIE FUEHNE        

$511,000 -1025 EAST WASHINGTON STREET- ROBERT J AND KARI ANN DAVIS TO CARRIE L ROIDER             

SHILOH

$305,000 -112 EDEN PARK- ANTHONY AND MELISSA CAPARELLA TO YAZAN ABU QWAIDER AND MAYYADA SALEH                                                                                                                                               

SMITHTON

$21,120 -STATE ROUTE 159- KAREN J JACKSON TO JULIE L REIFSCHNEIDER                                                            

SWANSEA

$107,000 -16 ROCLARE DRIVE- HENRY WARZD TO AARON SPARGUR AND ERIN BIRKNER                                                                                                                                 

JULY 25                

BELLEVILLE 

$30,000 -3816-3818 NORTH BELT WEST - BRAD AND DARYL PELC TO SHAWNEE PROPERTIES                        

$60,000 -105 MARMONT CIRCLE- CANDICE S MOUNT TO MICHAEL AND DEBORAH CERKOSKI                       

$70,000 -1715 WEST BELLE STREET- GERMANTOWN TRUST AND SAVINGS BANK TO ROBERT STAAL           

$75,000 -7 SHERWOOD FOREST- REBECCA MILLER TO KEVIN MURPHY                    

$75,000 -501 N CHURCH STREET- ROBERT AND SUSAN RUJAWITZ TO STEVEN DAVIS                         

$83,500 -23 MELWOOD DRIVE- PARSON FAMILY TRUST TO CLAYTON AND BETH THORNHILL                         

$132,000 -579 WINDRIFT DR- FEDERAL HOME LOAN MORTGAGE TO STEPHEN AND ABEGAIL WILSON       

$185,000 -245 EGRET COURT- KRISTOPHER J NINNIS TO STEVEN AND ANNA KLUCKER                      

$296,000 -117 PECAN LANE- RONALD AND DEBRA DIPPEL TO JEREMY AND KELLY PARKER                                                                                                              

CAHOKIA

$13,000 -601 COOPER- BLUESTEM PROPERTIES LLC TO ARMAND AND KATHLEEN ROVERSI                             

$29,000 -837 ST BENEDICT DRIVE- REGIONS BANK TO ARTHUR AND TERESA HOLDEN                                       

CASEYVILLE                        

$81,500 -311CENTER DR- BRUCE AND MAGGIE JO CARTER TO JUSTIN PALMER                    

$112,000 -205 E O'FALLON DR- JAMES AND LETICIA SHERRELL TO JOANN MEYER                                                

$127,000 -605 SOUTH 5TH STREET- CHERYL TAYLOR TO GARY ROESCH AND TANYA NASH

$129,000 -2 EBERHART DR- KAY AND STEVE MALY TO OMAR AND JENNIFER OLIVAS                                         

$154,900 -702 BETHEL MINE RD - SUSAN E GOODMAN TO ALAN J HOLTON, JR AND KIMBERLY JENSCHKE     

COLLINSVILLE   

$129,900 -102 ECHO VALLEY- JOSE AND SHANNON ALCANTARA TO EARL J BURTON          

$144,900 -803 CARL ST- SHAWN AND SHAYNA KUEKER TO MARK EDWARDS AND NATALIE BIALOZYNSKI 

DUPO                                                                                                                                                                   

$42,000 -513 LOUISA AVENUE- FANNIE MAE TO MIGUEL HUESO-SANCHEZ AND GUADALUPE CRUZ-PRIMERO                       

$23,500 -109 N 5TH STREET- MARY J FISCHER TO GREGORY AND MARGARET RAMIRES                                                                                    

EAST SAINT LOUIS                           

$2,144 -418 COOPER- HARBOUR PORTFOLIO VIII, LP TO ORANGE REO II LLC

FAIRVIEW HEIGHTS

$50,000 -107 SOUTH CHERRY STREET- MATTHEW AND SHERRI TADLOCK TO BARRY AND LINDA BILLINGS

$65,597 -9927 SOUTH RD- BAYVIEW LOAN SERVICING LLC TO AMANDA BOYD AND KELVIN BUTLER            

$90,000 -1 WOOVIEW DRIVE- SCOTT AND ARTEMIS KLOESS TO JEFFREY AND SARA BLAIR

FREEBURG         

$50,000 -107 SOUTH CHERRY STREET- MATTHEW AND SHERRI TADLOCK TO BARRY AND LINDA BILLINGS

$127,000 -211 ALAMOSA DRIVE - DELORES DANZ TO ALAN C BANKS                                                                         

$130,000 -206 N CHERRY STREET- SARAH GAGEN AND JUDITH STEPHENS TO MICHAEL AND SANDRA FLAKE                                                                                                                                                                           

MASCOUTAH

$67,000 -512 EAST GREEN STREET- JOSEPH H LANG SELF DEC OF TRUST TO CORY M MCHAPMAN                

$232,900 -1101 LEAR LANE- DAVID AND BROOKE LORIG TO GEOFFREY AND ASHLEY MCLEOD                       

NEW ATHENS                    

$7,500 -605 MILL STREET- FEDERAL HOME LOAN MORTGAGE TO LYNNE AND PATRICK WATTS                     

$125,000 -7720 STATE RTE 156- JARROD AND CHELSEY POCHYNOK TO COURTNEY AND CANE GALLAGHER             

$145,000 -NUERNBERGER ROAD- VICTOR NUERNBERGER TO PAUL E BICKEL

O’FALLON          

$150,000 -818 EMERALD GREEN DRIVE- NICHOLAS ESPOLT AND ANDREA MOUSER TO STEVEN AND SARAH RICHARDSON                                                    

$162,000 -211 DERRICK DR- JOEY A HENSON TO HCV, LLC                                                                              

S185,000-339 MOULTINE LANE- DAVID AND OLIVIA FIERRA TO PATRICK AND KATHRYN HILLMAN                

$192,000 -1410 BLACKBERRY LANE- JEREMY AND NIKITA HORTON TO DIONE TURNER                                      

$232,459 -600 WILLOWBROOK WAY LOT 85- PBBF, LLC  TO SCOTT AND MARLA YERGES                                  

$253,900 -1217 WALDMAN COURT- NEIL KURTZ TO ANDREA COAN         

$273,000 -5124 WESLEYAN DRIVE- STEVEN AND SARAH RICHARDSON TO NICHOLAS ESPOLT AND ANDREA MOUSER               

$290,000 -5005 BRISTOL HILL DRIVE- SLOAN J. COX AND BETHAN S ALBECKER TO VIRGIL AND ALICIA STEELE                                                          

$394,010 -416 FLAGSTONE PASS DRIVE LOT 27- HUNTINGTON CHASE HOMES TO DAVID AND OLIVIA FIERRA                                                         

$400,000 -901 THORNBURY PLACE- JEFFREY AND TERESA SMITH TO BRIAN AND KIMBERLY BALDUS           

$577,500 -161 REGAL COURT- ELLEN HALL TO AMY AND JIMMY MOSS    

$718,074 -164 JACKS BEND- BETHEL RIDGE FARMS, LLC TO MALIA MCDERMOTT

SWANSEA          

$237,500 -1011 ROAN CT- STEVEN AND DEBRA SIMPSON TO DANIEL AND ELIZABET KENEMORE                                  

JULY 26          

BELLEVILLE                      

$35,000 -718 CLAY STREET- MICHAEL J SMART TO STACEY SHOEMAKER                                                  

$95,000 -237 LAS OLAS DRIVE- MARK AND PATRICIA LEVECK AS TRUSTEES TRICIA'S REV LIVING TRUST TO ANTONIO AND ELIZABETH ADKINS

$82,200 -2629 AD 1631 EASTVIEW DRIVE- HERVE AND SHERLYNE GELIN TO DARRELL E JONES, JR                

$239,000 -119 AUTUMN LANE- MICHAEL H WILLIAMS REVOCABLE TRUST TO LAWRENCE PICKENS             

FAIRVIEW HEIGHTS        

$142,500 -110 OXFORD AVE- MIDLAND STATES BANK TO ALLAN E WARD                

FREEBURG                                         

$142,500 -218 ALAMOSA DRIVE - TOM AND CONNIE PAJARES TO RONALD AND MARILYN YEAGER              

$750,000 -10 SOUTHGATE CENTER- RAYMOND AND DORIS DANFORD TO FREEBURG RENTALS                      

MASCOUTAH                                    

$358,433 -9654 QUAPAW COURT- KAPPERT CONSTRUCTION CO, INC TO BRANDON AND KATHERINE CORBIN       

O’FALLON

$20,900 -806 POWELL DRIVE- KAYLA LOEHRING TO KATHRYN MERTZKE  

$215,000 -934 NORTHRIDGE COURT- KENNETH HARSIN TO JASON AND LISA WHITE                                           

$275,000 -331 DENNISON DRIVE- NANCY AND JESS REESON TO SEAN AND ADRIEN FINNAN                          

$260,000 -617 ERIC'S RUN DRIVE- NICHOLAS AND AMANDA MERGEN TO KYLE AND ALYSSA HUTTON        

SHILOH

$110,000 -939 DUNBERRY DRIVE- CRAIG AND VICTORIA DEBOER TO BALL FAMILY LIVING TRUST                 

SWANSEA          

$227,000 -512 WESTICK COURT- ROBERT AND THERESA WILLIARD TO KEVIN AND KATHERIN KING                                                                                                                                             

JULY 27

BELLEVILLE

$8,000 -2120 EAST B STREET- GLENN WIEGMANN TO TIMOTHY AND TOSHA EIELE                              

$59,900 -10 A&B ELM DRIVE- DOUGLAS AND STEPHANIE BLUM TO MSI PROPERTIS                                           

$74,559 -308 EILER ROAD- WELLS FARGO BANK TO SECRETARY OF VETERANS AFFAIRS                    

$111,000 -3223 FIELDING LANE- INTERNAL REVENUE SERVICE US TO MARK AND NANCY DALLE                    

$112,500 -3221 MILL SPRINGS ROAD- DANIEL AND CSEY LUIZZI  TO DELISA SONARAM                                     

$126,075 -125 CHURCHILL DRIVE- PINGORA LOAN SERVICING, LLC TO SECRETARY OF VETERANS AFFAIRS

$129,500 -800 BLUE RIDGE DRIVE- RON WALLS TO JAMIE PALMER AND JENNIFER FLEMING                          

$159,000 -1628 WESTHAVEN DRIVE- FLORA TURNER TO SHARLETTE RODGERS                    

CAHOKIA

$966.98 -1424 RICHARD DRIVE- HOME OPPORTUNITY, LLC TO GRAY TORREYS FUND LLC                 

$600,000 -1691 CAMP JACKSON ROAD- CLINTON JOHNSON TO ABRE HOLDINGS, LLC                                       

CASEYVILLE

$31,000 -662 HILL ROAD- KRISTINA WINKELMAN TO DAWN OSBORNE                    

$204,891 -7965 LAUEL FLATS DRIVE- CA JONES INC TO MATTHEW AND SARH VANDENBOSSCHE                 

EAST SAINT LOUIS                           

$25,000 -1279 KANSAS AVENUE EAST- REBECCA HOLMES TO TIMOTHY WRIGHT SR                            

$20,000 -500 NORTH 50TH STREET- ROSEMARY ROBINSON TO TRIO HOME INVESTMENTS, LLC                                    

FAIRVIEW HEIGHTS

$177,500 -14 BROADSTONE DRIVE- BRADLEY AND KATHRYN HARR TO INGRID SHELTON WILLIAMS AND ANDREW WILLIAMS, SR                                                                   

$263,000 RES 7426 TIMBERLWOLF TRAIL - KATELYN AND JACOB BUHROW TO EVAN C HINDS                  

MASCOUTAH

$179,000 -420 WILDERNESS WAY- MICHAEL AND MELANIE NICKLOW TO WILLIAM AND KRISTIN BRIDGES

O’FALLON

$270,000 -926 THORNBURY PLACE- JOINT REVOCABLE TRUST OF JEREMY AND SARA LEARNED TO MICHAEL AND SARAH HALE      

$510,000 -11 BRANDOONWOOD DRIVE- JOHN AND CANDICE SCHWARZ TO CHAD J SCHWARZ                                      

SHILOH

$88,792 -134 MAPLE STREET- SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO JP MORGAN CHASE BANK               

$175,000 -102 RASP STREET- JASON AND DAWN PORTZ TO ADAM SCHWOEBEL                                  

$217,000 -111 HARBOR POINTE - JASON PROSSER TO PATRICK AND AMANDA S BURKE   

SWANSEA

$228,000 -220 LAKE LORRAINE DRIVE- GARY AND ELIZABETH LANTER TO STEVEN AND JENNIFER HARRILL                                

$246,000 -4763 KATRINA- PEGGY SUE BROWN REVOCABLE LIVING TRUST TO GARY AND ELIZABETH LANTER                                          

“As to the concerns that improper collection of the tax will open the Merchants up to litigation, any such notion is merely speculation at this point and does not render the Ordinance unconstitutionally vague.”

That's what Cook County Circuit Judge Daniel Kubasiak said when he lifted the temporary restraining order delaying the implementation of Cook County's new tax on sweetened beverages.

Mere speculation? In Illinois, the land of litigation? You could have made a bet on how soon the first lawsuit would be filed against a retailer alleged to have applied the tax to an unsweetened beverage.

Two days! That's all the time it took for the first suit to be filed. 

On Aug. 4, just two days after the tax took effect, a self-appointed guardian of the public interest named Vincent de Leon filed suit in Cook County Circuit Court against Deerfield-based Walgreens, seeking restitution of taxes collected from him or any other customer on beverages not covered by the county ordinance. 

Speaking of speculation, one might safely speculate that de Leon and his attorney, Elizabeth Fegan of Chicago's Hagens Berman Sobol Shapiro, were planning to file their suit even as the judge was dismissing such an idea as speculative.

Speculation, in fact, is exactly what de Leon and Fegan are engaging in as they try to make some fast bucks at the expense of Walgreens and its customers.

Speculation is also what Cook County officials were engaging in when they first sued and then dropped the lawsuit against the supermarkets and the retail association that sought the restraining order, trying to hold the merchants liable for $17 million in revenue the County estimates that it lost during the single month delay of the tax that so quickly spawned a merely speculative lawsuit.

If Cook County keeps imposing unreasonable burdens on businesses and enticing attorneys to file suits against them, eventually those businesses will close or move elsewhere, and that's not a matter of speculation.

The International Association of Defense Counsel (IADC) is releasing a free summer 2017 edition of its legal journal dedicated to privacy and data protection law.

The IADC's journal, Defense Counsel Journal (DCJ) will release two issues of its “Privacy Project V,” with the first coming out this summer and the second being released in the fall. In the issues, IADC members discuss a variety of legal privacy topics that are growing more important to the public on a global scale each year. 

For instance, 91 percent of adults shared in a Pew Research Center study agree that consumers do not have control of how their personal information is being collected and used by companies and technology.  

“We are reminded in our daily lives of the importance of privacy – particularly in matters or with business impacted by social media, e-discovery, text messaging and instant messaging,” Eve B. Masinter, co-chair of the IADC’s Privacy Project V Editorial Board and a partner with Breazeale, Sachse & Wilson LLP in New Orleans, said in a press release. “Privacy must be protected worldwide by our constitutions and laws.”

Topics found in the summer issue are designed to keep attorneys abreast on the new information and changing trends regarding privacy and related areas of law. Subjects covered in the issue include product liability laws related to the internet, metadata in litigation, data breach class actions, email evidence in litigation, among other topics.

“It is critical that attorneys, who are increasingly giving advice on the balance between privacy and other rights and interests, remain engaged and informed on the latest developments and insights that impact this developing area of the law,” S. Gordon McKee, also co-chair of the IADC’s Privacy Project V Editorial Board and a partner with Blake, Cassels & Graydon LLP in Toronto said in the release.

The DCJ quarterly journal focuses on legal scholarly writings by members of the IADC, a worldwide organization of corporate and insurance defense attorneys and insurance executives that holds 2,500 members.

View the DCJ's summer 2017 issue at www.iadclaw.org.

MOUNT VERNON – Madison County Associate Judge Martin Mengarelli improperly granted former embezzler Ricki Jones an appeal in a tax dispute with former wife Dorothy Boos, Fifth District judges decided on April 11. 

They ruled that they lacked jurisdiction because the order on appeal wasn’t final. 

Mengarelli relied on Illinois Supreme Court Rule 304(a), which authorizes an appeal from a final judgment that doesn’t dispose of an entire proceeding. 

A judge who invokes the rule must find that there is no just reason for delaying enforcement, appeal, or both, and Mengarelli adopted that finding. 

Fifth District Justice David Overstreet wrote, “Although the circuit court in this case made the written finding required by Rule 304(a), its finding is not dispositive.” 

“If the order is not final, inclusion of the special finding in the circuit court’s order cannot confer appellate jurisdiction,” he wrote. 

Justices Thomas Welch and John Barberis concurred. 

Prior to 2009, Ricki Jones owned a contracting company. 

BP Amoco paid his company to remedy contamination in Wood River, and he embezzled the money without performing the work.

In January 2009, he pleaded guilty of evading almost $5 million in taxes. 

By the time of his sentencing, he had paid $2.4 million in restitution to BP Amoco and $1.2 million to the Internal Revenue Service. 

Dorothy’s tax liability remained an open question, because she filed a protest with IRS as an innocent spouse. 

The protest complicated divorce proceedings that Ricki had initiated in 2007. 

They settled enough of their differences to reach a dissolution agreement that associate judge Ellar Duff approved in April 2009. 

In September 2009, Duff wrote that each party intended to pay half of the joint tax liability upon resolution of the protest. 

She wrote that her order should not be deemed a waiver of Dorothy’s claim that the tax liability was not her responsibility. 

Ricki spent a year in prison. 

In 2013, IRS issued deficiency notices to both. 

Dorothy petitioned the United States Tax Court for relief. 

In 2014, the tax court approved an agreement among Ricki, Dorothy, and IRS. 

It provided that there would be no fraud penalties, and that Dorothy was not entitled to relief as an innocent spouse. 

In 2015, Ricki returned to Madison County family court and petitioned for adjudication of indirect civil contempt against Dorothy. 

Duff had retired, and the case had passed to Mengarelli. 

Ricki claimed Dorothy owed him about $1.5 million in federal taxes, about $260,000 in Illinois taxes, and additional amounts to be determined. 

His former wife, as Dorothy Boos, answered that they each paid IRS $1,609,906.65, amounting to $3,219,813.29. 

She argued that the total underpayment with interest was $2,678,531.22, leaving an overpayment of $541,282.07. 

She claimed Ricki should reimburse her for half that amount, $270,641.04. 

In July 2016, Mengarelli held Ricki liable for the fraud penalty. 

He held both Ricki and Dorothy liable for the tax liability as reflected in the tax court’s order. 

He set a case management conference in three months, but never held it. 

On Aug. 29, Ricki filed an appeal notice. 

Dorothy moved to strike it on Sept. 12, arguing that issues intertwined with the order should be adjudicated before any appeal. 

Mengarelli invoked Rule 304(a) on Nov. 2, finding no reason to delay an appeal. 

Dorothy didn’t challenge Fifth District jurisdiction, but that didn’t prevent the Fifth District from examining its jurisdiction. 

Overstreet wrote that the Illinois Constitution grants the Supreme Court a right to provide by rule for appeals to appellate courts from other than final judgments. 

He quoted a 2016 Supreme Court decision, Blumenthal v. Brewer, that, “Accordingly, absent a Supreme Court rule, the appellate court is without jurisdiction to review judgments, orders, or decrees that are not final.” 

He wrote that under Blumenthal, for purposes of Rule 304(a), a judgment must terminate litigation on the merits so that, if affirmed, the trial court only has to proceed with execution of judgment. 

He quoted from Blumenthal that, “While the order need not dispose of all the issues presented by the pleadings, it must be final in the sense that it disposes of the rights of the parties, either upon the entire controversy or upon some definite and separate part thereof.” 

He wrote that Mengarelli didn’t dispose of a claim separate from remaining claims, but disposed only of an issue ancillary to the remaining claim. 

“The circuit court’s order did not allocate the tax amounts and penalties due or calculate credit to the parties for amounts paid,” Overstreet wrote. 

“The circuit court’s order served only to narrow the criteria applicable to that decision.” 

David Fahrenkamp represents Ricki Jones.

Erin Riley, Wendy McIntyre, Michael Donovan, Lawrence Weltman, and Joseph Martineau represent Dorothy Boos.

JULY 28

CARRINGTON MORTGAGE SERVICES LLC V NATHAN AND LINDSEY NOLAN, $61,808.93, 837 WHITTIER ST, WOOD RIVER. 17CH473

FIRST COLLINSVILLE BANK V DALE MOREN, DECEASED, DIXIE MOREN, $60,342.47, 317 WALNUT, HIGHLAND. 17CH474

FANNIE MAE V BRIAN AND DENISE WILLIS, $26,025.08, 7897 MAPLE GROVE ROAD, TROY. 17CH475

BAYVIEW LOAN SERVICING V JERRY AND KATHLEEN STRASSER, $107,522.50, 2820 SEMINARY STRET, ALTON. 17CH476

CARRINGTON MORTGAGE SERVICES LLC V KELLY CARACH, $69,835.72, 3857 HORN AVE, ALTON. 17CH477

JULY 31

LAKEVIEW LOAN SERVICING V JOSEPH PRITCHARD, $109,316.01, 147 ASH STREET, WOOD RIVER. 17CH479

HSBC BANK V JEREMY KING, $48,494.50, 77 NORTH WILLIAMS STREET, COTTAGE HILLS.  17CH481

PHH MORTGAGE CORPORATION V JASON WIMBERLY, $55,121.86, 2327 DELMAR AVENUE, GRANITE CITY. 17CH480

BANK OF NEW YORK MELLON V JOHN WELLIE, $74,012.76, 326 BROWN, COLLINSVILLE. 17CH482

JAMES B NUTTER & CO V CAROL CHAMBERS AND SECRETARY OF URBAN DEVELOPMENT, $68,958.14, 1160 LOLA STREET, GRANITE CITY. 17CH483

DITECH FINANCIAL V JAMES WHISTLER, $48,855.55, 30 LAKEVIEW DRIVE, GRANITE CITY. 17CH484

AUGUST 1

JP MORGAN CHASE BANK V CHRISTOPHER SWITZER, $60,603.44, 115 MCKINLAY AVE, HGHLAND. 17CH478

AUGUST 2

DITECH FINANCIAL V VERONICA LOVETT, $56,765.49, 760 PARK DRIVE, ALTON. 17CH485

PLAZA HOME MORTGAGE V LISA RAYMOND, $41,827.18, 811 LIBERTY STREET, ALTON. 17CH486

UNITED COMMUNITY BANK V CHRISTOPHER DAVIS, $50,013.07, 600 SITZE DRIVE, EAST ALTON. 17CH487

AUGUST 3

FIRST BANK DBA TRUST V ANGELICA CHISM, $41,669.98, 2213 ½ E 24TH STREET, GRANITE CITY. 17CH488

BAYVIEW LOAN SERVICING V DAVID CERNY, $208,696.27, 12 LEGACY DRIVE, GRANITE CITY. 17CH489

WELLS FARGO V JASON MAIN, $69,709.30, 521 WASHINGTON AVENUE, EAST ALTON. 17CH490

BANK OF AMERICA V WILLIAM YOUNG, $ 151,553.34, 1012 WEST MAIN STREET, COLLINSVILLE. 17CH491

AUGUST 4

US BANK V GREGORY NIHISER, $91,146.26, 412 ELM ST, ALHAMBRA. 17CH492

FREEDOM MORTGAGE V ANTHONY DESIMONE, $177,503.79, 75 CRESCENT VIEW LANE, HIGHLAND. 17CH493

BANK OF NEW YORK MELLON V ANDREW SEYMORE, $44,798.15, 1227 STATE STREET, COLLINSVILLE. 17CH495

MOUNT VERNON – Collinsville policeman Stacey McElroy plucked more than an ounce of heroin from a car after 16 minutes of investigation, too slow for appellate judges who found he abused the driver’s rights by taking so long. 

On Aug. 8, they affirmed Madison County Associate Judge Neil Schroeder, who suppressed the heroin as evidence against driver Johnny L. Smith. 

“Officer McElroy was acting on a mere hunch and an unparticularized suspicion,” Justice Judy Cates wrote. 

“At that time, he did not have a reasonable, articulable suspicion that the defendant was engaging in criminal activity.” 

She wrote that Smith’s criminal history “was not sufficient to provide a reasonable suspicion that the defendant was engaging in criminal activity.” 

Justices Richard Goldenhersh and Melissa Chapman concurred. 

On a summer morning in 2014, McElroy idled his unmarked vehicle in the median of Interstate 55 as a member of a Drug Enforcement Administration task force. 

He saw a white Lexus with no front license plate and a driver wearing a reflective yellow and orange safety vest. 

He followed, running the rear plate through his computer. 

A Chicago woman had registered the Lexus, but the registration was suspended for safety and financial reasons. 

McElroy activated his lights, and the Lexus pulled over. 

Smith produced a letter showing the Secretary of State lifted the suspension. 

Smith produced a driver’s license and proof of insurance. 

McElroy asked where he was going. 

Smith said he was driving from Wisconsin to Rolla, Mo., to work for his uncle’s company on road construction. 

McElroy asked the name of the company, and Smith said Jones Construction. 

McElroy asked about his schedule, and Smith said he worked Thursday to Tuesday. 

The exchange lasted about three minutes. 

Back in his car, McElroy ran the registration again and verified the suspension. 

He ran Smith’s criminal record and found a conviction in Illinois for manufacture and delivery of heroin, as well as drug charges in Missouri. 

At nine minutes and 15 seconds, McElroy called a DEA analyst and learned Smith was the subject of a pending investigation in Rolla. 

The conversation lasted three minutes and 16 seconds. 

McElroy got out of his vehicle at 12 minutes and 40 seconds, and placed his clipboard on his hood with Smith’s license and traffic warnings on it. 

McElroy would testify that he wanted to know why Smith wore a work vest on a day he wasn’t scheduled to work. 

He would testify that he suspected Smith wore it as a prop for his story. 

He asked Smith to step out, and Smith stepped out. 

McElroy asked and received permission to pat his front pockets, which contained no weapon or contraband. 

McElroy asked Smith about the construction business, the length of his employment, his schedule and his vest. 

McElroy would testify that he avoided asking detailed questions so the exchange felt more like conversation than interrogation. 

He asked Smith if there was any contraband in the car such as marijuana, methamphetamine, heroin, or large amounts of cash. 

Smith denied possessing any contraband and said he had $13 in cash. 

Sixteen minutes after McElroy stopped Smith, he asked and received permission to search the Lexus. 

In a space near the sunroof he found 33.3 grams, about 1.2 ounces, of a substance that tested positive for heroin. 

State’s Attorney Tom Gibbons charged Smith with trafficking in a controlled substance and possessing a controlled substance with intent to deliver. 

Smith moved to suppress the evidence, and Mengarelli granted the motion. 

He found McElroy lacked any reasonable suspicion to prolong the stop or any articulable suspicion that other crimes existed. 

He found McElroy obtained consent for a search as a result of illegal detention. 

Fifth District judges found that when McElroy asked Smith to step out, the purpose of the original stop had ended. 

“Nevertheless, officer McElroy prolonged the stop and detained the defendant,” Cates wrote. 

She wrote that Smith gave plausible answers about his destination and his job. 

Robert Bas of Edwardsville represented Smith. 

Appellate prosecutor Kelly Stacey represented the people.  

Will state Rep. Katie Stuart, D-Collinsville, sacrifice local school districts for a Chicago bailout?

Gov. Bruce Rauner’s changes to a school funding bill would bring $4.5 million more to school districts Stuart represents, but she could vote to scrap additional funding for her school districts in favor of special subsidies for Chicago Public Schools.

The Illinois Senate on Aug. 13 voted to override Rauner’s amendatory veto of Senate Bill 1. Rauner’s changes to the bill stripped it of language that primarily or exclusively benefited CPS at the expense of school districts in need across the state. Under the amendatory veto, no school district would receive less money than it did in 2017.

In fact, Rauner’s changes would bring more money to 97 percent of Illinois school districts, compared with the version of SB 1 lawmakers originally sent to his desk. That includes a total of $4.5 million for school districts Stuart represents. As SB 1 heads to the House, Stuart and other representatives will have to decide whether they want to put a Chicago bailout ahead of their own local school districts.

Rather than embrace changes that would’ve brought greater fairness and equity to the education funding formula, senators who voted to override the governor’s amendatory veto chose to continue a long history of state bailouts for CPS.

If Stuart votes to override the governor, she will be doing the same, at the expense of students in her district.

Edwardsville attorney Melanie R. Swearengen died earlier this month when her vehicle became stuck on train tracks in Brighton and was hit by an Amtrack train. 

Swearengen, 35, died Aug. 2 when she drove her SUV off the road and it became stuck on the train tracks near Route 111 and Main Street in Brighton. She was hit by an Amtrack train traveling to St. Louis from Chicago around 10 p.m. 

Swearengen was an associate attorney at Napoli Shkolnik PLLC's Edwardsville office in the firm’s asbestos department. She represented clients in both Missouri and Illinois.

She had prior experience in all stages of litigation in personal injury and workers’ compensation.

Napoli Shkolnik provided a statement of condolences on Swearengen’s professional profile on the firm’s website.

“Melanie was a dedicated attorney who advocated for her clients but was also a caring friend and loving wife and mother. She will be missed. Our prayers and thoughts are with her loved ones,” the statement read.  

Swearengen earned her B.A. and M.B.A. from Florida A&M University and her J.D. from St. Louis University Law School.

“It was no surprise that Melanie became a lawyer. Most people knew better than to press her bubbly personality too far, as her sharp mind could decimate anyone’s argument,” her obituary states. “Whether in a courtroom or at a party, she delivered each verbal jab with her classic, captivating smile.”

Swearengen was admitted to the Bar for Illinois, Missouri and the U.S. District Court for the Southern District of Illinois. She was also a member of the Bar Association of Metropolitan St. Louis and the Missouri Association of Trial Attorneys.

Swearengen served as a judicial intern for Judge Michael B. Calvin in the St. Louis City Circuit Court and has prior experience with the Sievers & Borcherding firm in Clayton, Mo. 

She also served as a board member with United Cerebral Palsy Heartland and Downtown Children’s Center. 

She was also brought up in The Antioch Baptist Church of St. Louis, where she was involved in the puppet ministry and youth choir, her obituary states. 

Swearengen’s professional profile states that she loved to travel and hoped to reach her seventh continent soon. 

She leaves behind husband, Shaun, and nine-month-old daughter, Olivia. 

“You could always tell when Melanie arrived at an event. Usually the shortest person in the highest heels, with the most infectious laughter & entertaining stories, she jokingly called herself fun-sized,” her obituary states. “The joy she brought to the world is equaled by the pain of her loss, & the strength of her memory in those who loved her.”

A Montgomery County woman’s negligence suit following a rear-end collision is at trial in Madison County Circuit Judge William Mudge’s court.

The trial began Aug. 14 before a six-person jury.

Plaintiff Jessica Williams is represented by Matthew Young of Kuehn Beasley & Young PC in Belleville.

Defendant Jacob Smith is represented by Roger Wilson of St. Louis.

Williams filed her suit on July 21, 2015, alleging she was at a stop at the intersection of State Route 143 and Blackburn Road in Madison County on Aug. 7, 2013, when Smith rear-ended her vehicle.

As a result she claims she suffered injuries, severe injury and pain, lost wages, loss of enjoyment of life and incurred medical bills.

Williams alleges Smith had a duty to exercise reasonable care to avoid colliding with other vehicles.

She also alleges Smith negligently failed to reduce speed in order to avoid an accident, failed to yield, failed to keep a proper lookout in order to avoid an accident, failed to obey the rules of the road and failed to exercise reasonable care in operating the motor vehicle.

Williams seeks a judgment of more than $50,000, plus costs and any other relief the court deems just.

Smith answered the complaint on Sept. 4, denying liability.

Madison County Circuit Court case number 15-L-918

Tuesday, Aug. 22

9:00 A.M.

DAVID WILSON V WWCS INC

12-L-891, RUTH

Wednesday, Aug. 23

9:00 A.M.

JENNIFER PFISTER V PAULO BICAHLO

13-L-1805, DUGAN

GATEWAY RV LCC V LANDMARK SIGN

17-L-494, DUGAN

HEATHER POLL V TAYLOR BERUTTI

17-L-601, DUGAN

DOROTHY KAMPWERTH V THOMAS HILL

17-L-889, MUDGE

JEROME BATES V INTEGRITY HEALTHCARE

17-L-827, MUDGE

KENNETH OUTHOUSE V 308 MCARTHUR INC

17-L-802, MUDGE

CONNIE BLACKMON V JACOB WELLEN

17-L-682, MUDGE

RAYE MOORE V AMY MCLAUGHLIN

17-L-649, MUDGE

APRIL MOORE V SHERRY RADAE

17-L-608, MUDGE

MARY CHRISTEN V PEKIN INVESTMENTS

17-L-417, MUDGE

SUSAN STEWART V KENNETH ANDREWS

17-L-302, MUDGE

JEFFERY GIBSON V GIECO CASUALTY

17-L-297, MUDGE

FENIX 5IVE LLC V HEATHY HUMPHREY

17-L-270, MUDGE

ALEXANDRIEA SHARP V DAVID SHARP

17-L-247, MUDGE

RANDY DIETZ V MORGAN PROBUS

17-L-191, MUDGE

ANDREA HARRIS V HOHMAN ENTERPRISE

17-L-179, MUDGE

HEROME HALL V PIASA ENTERPRISE

17-L-148, MUDGE

J&C IP INC V MICHAEL ANDERSON

17-L-124, MUDGE

GREG CAVIN V BUCKS INC

17-L-102, MUDGE

THE BANK OF EDWARDSVILLE V GORDON INVESTMENT

17-L-89, MUDGE

DEBRA KING V PETERSON HEALTH

17-L-42, MUDGE

DOUGLAS WOJCIESZAK V ERIKA GEHLBACH

17-L-30, MUDGE

SADAF FORMULI V MICHELINA ROSADO

16-L-1784, MUDGE

CHARLES WALLACE V ROBYN HAMLIN

16-L-1764, MUDGE

PAUL CHURCH V MICHAEL BRODEUR

16-L-1695, MUDGE

LM INSURANCE V JOHNSONS ROOFING

16-L-1622, MUDGE

MIDWEST ASSET V DAVID STAFFORD

16-L-1497, MUDGE

GRACE ARMSTRONG V KATHERINE WOOD

16-L-1416, MUDGE

CAROLINE HALE V GLENHAVEN GARDENS

16-L-1353, MUDGE

STEPHEN BRAY V DARRELL NORWOOD

16-L-1305, MUDGE

PATRICIA PERICA V CASSANDRA MEDLING

16-L-1205, MUDGE

SIX MILE REGIONAL V KORTE & LUITJOHAN

16-L-1167, MUDGE

BRAVO CARE V JAMES CLEMENT

16-L-1154, MUDGE

ROSE PORTER V BAREFOOT LLC

16-L-1121, MUDGE

SHANNON WESTBROOK V BETHALTO CARE CENTER

16-L-1099, MUDGE

LINDA HARBAUGH V APPLEBEES RESTAURANT

16-L-1079, MUDGE

SHERRY MAZZARELLA V WOOD RIVER HEALTH

16-L-1044, MUDGE

JAMES RUSHING V GERY FORBES

16-L-1040, MUDGE

AMANDA THACKER V ROCK BOTTOM LLC

16-L-848, MUDGE

RONALD HUNZIKER V JOHNATHAN BONDURANT

16-L-644, MUDGE

KARI YOCHUM V N ISO MAHIHKAN FK

16-L-605, MUDGE

JONI LIGHT V DYNAMIC TRANSIT

16-L-462, MUDGE

NATHAN VERNING V HEARTLAND ALTERNA

16-L-437, MUDGE

BELLE STREET PROP V SCOTTSDALE INSURANCE

16-L-326, MUDGE

DEBRA ROSSON V RYAN GALLO

16-L-263, MUDGE

KEVIN SUMNER V SCOTT KILBURY

16-L-182, MUDGE

CLIFFORD JERMAN V WOOLSEY OPERATING

16-L-113, MUDGE

KEVIN DUNN V JOSHUA WEISS

16-L-21, MUDGE

BOBBIE SMITH V MARY GUTZLER

15-L-1393, MUDGE

AMANDA FOCHT V DAVID BOX

15-L-902, MUDGE

DAVID BIGGS V NICHOLAS SCHEIBEL

15-L-860, MUDGE

JARIS ROUNDCOUNT V TYLER DIEL

15-L-466, MUDGE

JAMIE BRANDT V THOMAS KANE

15-L-105, MUDGE

NICHOL KOSTIELNEY V JOHN BRUMMEL

14-L-1605, MUDGE

KEITH LOCHMANN V BRAVO CARE

14-L-1314, MUDGE

MICHELLE CHALMERS V HERITAGE ENTERPRISE

14-L-1068, MUDGE

MICHELLE GENTEMAN V CITY OF HIGHLAND

14-L-572, MUDGE

JAMES TADLOCK V JOSEPH JONES

14-L-552, MUDGE

COLLINSVILLE AREA V PUREPLAY LLC

13-L-2129, MUDGE

MEGAN GRIFFITH V WILLIAM BRAYTON

13-L-1826, MUDGE

CHERYL BLACKBURN V EARLIE BROWN JR

13-L-1356, MUDGE

APEX OIL COMPANY V ARROWOOD INDEMNIT

12-L-1962, MUDGE

JUSTIN STILES V DENNIS RIVES

12-L-793, MUDGE

TRACEY BURNS V BP PRODUCTS NORTH

12-L-226, MUDGE

MERDITH MONNER V GRANITE NURSING

12-L-20, MUDGE

GAIL ELBLE V SHELL OIL

11-L-867, MUDGE

TSHANA BROWN V SCRAP SOLUTIONS

09-L-1248, MUDGE

DEBORAH BEAVERS V WELLSPRING RESOURCE

17-L-316, CROWDER

BRITTINY THOMAS V PETERSEN HEALTH

17-L-286, CROWDER

RP LUMBER V DARRYN FICKEN

17-L-172, CROWDER

EDWARD PINNELL V DEBORAH DEVORS

17-L-159, CROWDER

JAMES COOK V KAY SLAYDEN

17-L-87, CROWDER

CHRIS GILREATH V VILLAGE OF HARTFORD

16-L-1761, CROWDER

DENNIS MCINTIRE V MARK MEYER

16-L-1750, CROWDER

JUSTIN SCHOLL V DERIK PAYNE

16-L-1748, CROWDER

KIMBERLY MITCHELAR V THOMAS COYNE

16-L-1720, CROWDER

BERNARD HICKS V ADAM KING

16-L-1702, CROWDER

LYNDSI MEYENBURG V COMMONWEALTH FINA

16-L-1683, CROWDER

JULIE KNIGHT V THOMAS HILL

16-L-1621, CROWDER

CAROLYN HANSEL V CMD LLC

16-L-1590, CROWDER

CONTEGRA CONSTRUCTION V JONES BUILDERS

16-L-1502, CROWDER

RICARDO SURIA V BARRO BOLLANQUEST

16-L-1468, CROWDER

MARY SCHEIBEL V ERIC NANNEY

16-L-1462, CROWDER

ALFREDO CONTRERAS V CRST INTERNATIONAL

16-L-1453, CROWDER

MICHAEL HARVEY V BEVERLY CARTER

16-L-1441, CROWDER

JESSE INGRAM V ANTHONY CARNEY

16-L-1428, CROWDER

JILL ESSNER V SUPERIOR CORPORATE

16-L-1414, CROWDER

KELLY POLACH V ROBERT POSPICHEL

16-L-1408, CROWDER

PAULA QUINN V ALTON MULTISPECIALISTS

16-L-1391, CROWDER

EBRA SIMMONS V JEANNE NEWBURY

16-L-1367, CROWDER

NADINE THOMPSON V DENISE CRISLER

16-L-1340, CROWDER

BRADLEY HERZBERG V TERMINAL RAILROAD

16-L-1301, CROWDER

JANE DOE V KELLI BLANK DDS

16-L-1287, CROWDER

RYAN SOMMER V PRAIRIE FARMS

16-L-1227, CROWDER

STEPHEN FERGESEN V EATON CORPORATION

16-L-1199, CROWDER

LYNN BILLHARTZ V ERIE INSURANCE

16-L-1190, CROWDER

JAMES HOFFMAN V MADISON COUNTY MA

16-L-1141, CROWDER

HOLLY SCHROEDER V RED ROOF FRANCHIS

16-L-1120, CROWDER

TOBY THOMAS V MIKE HANFELDER

16-L-1048, CROWDER

YOLANDA EZEUGWU V BRAVO CARE

16-L-1010, CROWDER

GARCIA DANIELS V BRITTANY JONES

16-L-975, CROWDER

PATSY TROXELL V JENNIFER PITTS

16-L-952, CROWDER

ROBERT WILLIAMS V RAYMOND HUNT

16-L-732, CROWDER

JAMES JOHNSON V BRIAN SAWYER

16-L-701, CROWDER

LUCAS CLARK V TRICKEYS SERVICE

16-L-638, CROWDER

SARAH WHITSELL V BENJAMIN DAVIS

16-L-571, CROWDER

QUINN MARTIN V LARRY NEASE

16-L-501, CROWDER

DJL MINING LLC V TERRY ZOU

16-L-449, CROWDER

BRENDA LUKSZA V EDWARDSVILLE HEALTH

16-L-416, CROWDER

BRIAN PILLOW V WILLIAM GOESTENKORS

16-L-380, CROWDER

KENNETH MCNISH V CELLAR ROOM TAVERN

16-L-327, CROWDER

LORA RASMUSSEN V SOUTHERN ILLINOIS

16-L-297, CROWDER

DENISE SPARKS V GREGORY SMITH

16-L-234, CROWDER

MICHAEL WHEELER V GODFREY HEALTHCARE

16-L-122, CROWDER

BETTY MCINTOSH V PARRIS MCINTOSH

16-L-71, CROWDER

PAMELA GIBSON V MOHAMMAD JALALI

16-L-3, CROWDER

LISA BODA V ANNA RODRIQUEZ

15-L-1436, CROWDER

CHELSEA WILLOWS V VICTORIA BUCK

15-L-1376, CROWDER

JOHN BEATTY V FAIRVIEW HEIGHTS

15-L-1277, CROWDER

ANNETTE VIRGIN V DANNY BARR

15-L-1044, CROWDER

BROOKE BLIXT V QUINTON FLUSS

15-L-928, CROWDER

CHAD MEYER V LISA ROBINSON

15-L-909, CROWDER

DIANNE TURPEN V NICHOLAS LAMPE

15-L-859, CROWDER

JAMIE DEARLETH V KENNETH WILSON

15-L-639, CROWDER

SHELIA DEBOISE V CITY OF MADISON

15-L-583, CROWDER

DANIEL HOERCHLER V ROBERT HARLOW

15-L-401, CROWDER

ROBERT QUICK V JOSHUA WEIDNER

15-L-310, CROWDER

KRISTI NASELLO V ALTON MULTISPECIALISTS

15-L-273, CROWDER

DENNIS VAHLE V MARTIN & BAYLEY

15-L-96, CROWDER

DEBORAH WILSON V JEFFREY NAYLOR

15-L-87, CROWDER

MARY RODGERS V AAYESHA KHAN

14-L-685, CROWDER

LAWRENCE KERNAN V CITY OF HIGHLAND

13-L-2105, CROWDER

DAVID RAY V KING AIR CONDITIONING

13-L-1944, CROWDER

GREATER ST JAMES V MARLIN LEASING CO

13-L-1903, CROWDER

LISA TRUMBLE V SHELL OIL

12-L-2083, CROWDER

ROBIN DUCKKETT V G E MOORMAN

12-L-1091, CROWDER

JACK MAYER V ANGELINA LOWE

12-L-626, CROWDER

CHARTER ALTMAN V LEWIS BORSELLINO

12-L-234, CROWDER

RON LOTT V LAW OFFICES OF DA

17-L-676, RUTH

COAST HAULERS LLC V CLARKE POWER SERV

17-L-570, RUTH

JERRY LOPEZ V LUCAS COLEMAN

17-L-517, RUTH

MARY VESCI V STEPHANIE BELL

17-L-451, RUTH

RUTH BAUGH V VAN LENHARDT INC

17-L-406, RUTH

DIANN COLLIER V KCJ MANAGEMENT

17-L-298, RUTH

PEGGY SCHRAGE V ALLIED WASTE

17-L-289, RUTH

SHARI KRUSE V BRIANNA LALEMAN

17-L-271, RUTH

CONNIE DOUGLAS V BRANDONVIEW LLC

17-L-250, RUTH

MARY EDWARDS V JEFF REHBERGER

17-L-192, RUTH

DAVID FUNKHOUSER V BOBBI FILE

17-L-166, RUTH

TRESSIE DOWNES V BOROWIAK ENTERPRISE

17-L-111, RUTH

GLEN WILSON V JUDITH MCDANIAL

17-L-105, RUTH

SHEILA BRAWLEY V ERIN WOODRUFF

17-L-97, RUTH

JORDAN VARNER V FLYNN LION LLC

17-L-91, RUTH

TTA MINOR V SEAN MCCLEAREY

17-L-76, RUTH

CORY RICE V DIANA FOSTER

17-L-28, RUTH

DORA ORASCO V MERS

16-L-1735, RUTH

ETHAN TUCKER V MARY SHERMAN

16-L-1697, RUTH

MICHAEL HARPOLE V DANIEL PLATE

16-L-1642, RUTH

KIMBERLY BRANDT V ALEC SCHULTZ

16-L-1618, RUTH

FIRST BANK V CDC DEVELOPMENT

16-L-1597, RUTH

RANDALL FAULKNER V WAL MART STORES

16-L-1514, RUTH

EDWARD HOLMES V CONSTRUCTION TURN

16-L-1470, RUTH

WILLIAM GREEN V MACS TIME OUT

16-L-1460, RUTH

RICHARD BOATMAN V 3M COMPANY

16-L-1296, RUTH

JAMES REDMOND V JUNE OTTWELL

16-L-1057, RUTH

RALPH BISHOP V DONZOS BAR & GRILL

16-L-951, RUTH

MICHAEL BEARLEY V LAVINIA HUBBARD

16-L-825, RUTH

CLIFFORD MATHIS V RAY HERRIN CORPORATION

16-L-752, RUTH

LACEY HEINEMAN V MICHAEL ROBINSON

16-L-631, RUTH

MARTIN HOOVER V SEARS ROEBUCK

16-L-374, RUTH

LANA HALDEMAN V SAMANTHA DOWNING

16-L-348, RUTH

LINDA ACUP V RESTAURANTS UNLIMITED

15-L-1445, RUTH

GARY PATRICK STERR V JESSICA TRAME

15-L-1337, RUTH

ELIZABETH BURHANS V BARBARA CARNAHAN

15-L-903, RUTH

NANCY KRAMER V BETHEL BUERK

15-L-360, RUTH

SC JOHNSON & SON V THOMAS BUSKE

15-L-164, RUTH

DAWN VOSS V RANDY FRANTZ

14-L-1634, RUTH

MIROSLAW FIGUEROA V FRANK JUSUFI

14-L-1311, RUTH

ROBERT JONES V METALS USA BUILDING

14-L-314, RUTH

ROBERT BUCKINGHAM V DORIS ADERHOLD

14-L-231, RUTH

LUCINDA HODGES V DG RETAIL LLD

13-L-2204, RUTH

AUTUMN SWARRINGIN V ROBERT DAVIS

13-L-1687, RUTH

SANDRA TERRY V TMCI INC

13-L-1563, RUTH

DEBORAH MCVEY V DONALD CHATHAM

13-L-1398, RUTH

ROBERT BARNHART V SAINT ANTHONYS

13-L-912, RUTH

BRENDA PHILLIPS V CHRISTOPHER HOGAN

13-L-775, RUTH

VICKY TARRENCE V UDI #2 LLC

12-L-1554, RUTH

JANICE KALERT V SHELL OILD

12-L-45, RUTH

9:30 A.M.

ANITA ZURLIENE V DEMETRIO KOTSIKAS

14-L-1191, DUGAN

BILL BLECHINGER V ALEJANDRA ALVARADO

16-L-373, DUGAN

1:00 P.M.

LINDA BATSON V LOCKWOOD GROUP

13-L-1181, MUDGE

1:30 P.M.

INTERCO TRADING V KRAMER KNOTTS

16-L-1086, RUTH

DAVID GEORGE V METRO CONTRACTING

16-L-48, RUTH

NELSON DEL VALLE V GRANDVIEW FARMS

15-L-1356, RUTH

Thursday, Aug. 24

9:00 A.M.

JUDITH GRIGG V SHEILA FUDGE TRUST

17-L-814, MUDGE

GRED WARREN V DEBORA CROUSE-COBB

15-L-1518, MUDGE

WILLIAM JUENGER V SPECIAL REPRESENT

17-L-840, CROWDER

BLUFF CITY BAR V SCOTT DARR CONSTRUCTION

17-L-667, CROWDER

SANDRA BENNINGTON V AMERICAN FAMILY

17-L-594, CROWDER

UNIQUE RISK MANAGEMENT V OASIS INVESTMENTS

17-L-486, CROWDER

JARED WASHINGTON V ILLINOIS AMERICAN

17-L-457, CROWDER

KAREN BAITER V EAST ALTON SCHOOL

17-L-390, CROWDER

RP LUMBER V DARRYN FICKEN

17-L-172, CROWDER

NOREEN KELSEY V LOUIS BENHAM

17-L-29, CROWDER

NANCY WILLIAMS V KERRIGAN AMOS

16-L-1579, CROWDER

BRENDA GREENWOOD V LARRY FREY

16-L-1274, CROWDER

ROSEMARIE WENDLER V NISAR ABID

14-L-660, CROWDER

RUTH CONWAY V EDEN RETIREMENT

14-L-243, CROWDER

DANEIL EDDINGER V THEODORE BERG

13-L-158, CROWDER

2:30 P.M.

ANTHONY HARVEY V WILLIAM SCHRAGE

12-L-1661, MUDGE

Friday, Aug. 25

9:00 A.M.

CHARLES GILLMOR V ALBANY INTERNATIONAL

16-L-1538, RUTH

BELLEVILLE – A man diagnosed with lung cancer earlier this year claims it was caused by asbestos exposure during his decades of employment.

J.E. Russell and Betty Russell filed a complaint on July 18 in the St. Clair County Circuit Court against 4520 Corp. Inc., ABB Inc., Ameron International Corp., Anheuser-Busch LLC, et al. alleging negligence.

According to the complaint, the plaintiffs allege that at various times during J.E. Russell's employment from 1944 to 1980, he was exposed to and inhaled large amounts of asbestos fibers emanating from defendants' products. On April 14, 2017, the suit states that the plaintiffs first became aware that he had developed lung cancer, an asbestos-induced disease. 

The plaintiffs holds 4520 Corp. Inc., ABB Inc., Ameron International Corp., Anheuser-Busch LLC, et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the safe methods of working with or around products containing asbestos fibers.

The plaintiffs seek damages of more than $50,000. They are represented by Randy L. Gori and Barry Julian of Gori Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-379

BELLEVILLE – A woman who worked at various employers in Illinois over a period of 20 years alleges she was exposed to asbestos.

Marguerite Denson filed a complaint on July 27 in the St. Clair County Circuit Court against Albany International Corp., Alfa Laval Inc., Armstrong International Inc., et al. alleging negligence.

According to the complaint, the plaintiff alleges that at various times during her employment from 1968 to 1988, she was exposed to and inhaled large amounts of asbestos fibers emanating from defendants' products. On Aug. 22, 2016, the suit states she first became aware that she developed lung cancer, an asbestos-induced disease. 

The plaintiff holds Albany International Corp., Alfa Laval Inc., Armstrong International Inc., et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the safe methods of working with or around products containing asbestos fibers.

The plaintiff seeks judgment against defendants of more than $50,000. She is represented by Randy L. Gori and Barry Julian of Gori Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-404

MOUNT VERNON – The Fifth District Appellate Court has ruled that former Judge John Baricevic did not err in dismissing a postconviction petition of a defendant who disputed the validity of his waiver of counsel.

Richard G. Allen was convicted of armed robbery in St. Clair County Circuit Court in 2009 and sentenced to a 30-year prison term.

In his pro se appeal petition filed in 2010, Allen alleged that the trial court failed to properly provide him with the range of punishment he faced for the crime he was charged with after he moved to serve as his own counsel, which he argued was a violation of Illinois Supreme Court Rule 401. 

Allen further claimed that “the court’s incomplete or erroneous admonitions rendered his waiver of counsel invalid” and that his conviction should be vacated and that he instantly be granted a new trial.

In reaching its decision, the appellate court held “that the defendant knowingly and voluntarily waived his right to counsel, and that the trial court’s incomplete or erroneous admonition regarding waiver of counsel did not prejudice the defendant.”

The appellate court also found that the trial court repeatedly apprised Allen of the nature of his charges and the range of sentencing they carried. The ruling also states that Allen was also made aware that he faced the possibility of an enhanced sentence of 21 to 45 years if he was found to have been armed with a firearm at the time he committed the robbery for which he was convicted.

Finally, the court ruled that an error in the calculation of the defendant’s pretrial detention credit and a potential error regarding his projected release date necessitated that the case be remanded back to the circuit court division for a definitive determination of the pretrial detention credit and the projected release date.

MOUNT VERNON – The Fifth District Appellate Court has overturned a trial court’s dissolution of a couple’s marriage, holding that the lower court failed to explain its decision to award maintenance payments.  

According to background information in the ruling, Michelle E. Cozadd and Evan H. Cozadd were married on Nov.  8, 2003. At the time of the marriage, Michelle Cozadd was employed by the Illinois Environmental Protection Agency. Evan Cozadd worked for the Air National Guard as a civilian technician and a reservist.

The couple had no children, though Evan Cozadd has two children from a previous relationship. The parties separated in January 2015.

At trial in St. Clair County Circuit Court in November 2015, the court heard testimony from the parties regarding their income, expenses, debts, retirement accounts and pensions.

Michelle Cozadd testified her annual salary was $80,172.

There was conflicting testimony regarding Evan Cozadd’s annual salary, the court order states. He testified he "made a calculation mistake when he filled out his financial affidavit, including disclosing that he earned bonuses which he did not actually receive," the order states.

During closing argument, Evan Cozadd’s counsel "asserted respondent's gross annual income totaled $182,000 after including child support" and that "according to respondent's W-2 forms and pay stub, his gross annual income totaled approximately $112,000," the order states.

Michelle Cozadd also requested maintenance in the amount of $2,000 per month so she could live a "comparable lifestyle," and further requested that Evan Cozadd contribute to one-half of her attorney fees.

The trial court entered a judgment of dissolution of marriage, citing irreconcilable differences. The court granted Michelle Cozadd’s request for maintenance for 24 months.

Assets were divided, with Evan Cozadd awarded the home, under the stipulation that he refinance the property and remove Michelle Cozadd’s name.

Evan Cozadd then filed a motion to reconsider on Dec. 10, 2015. "A hearing on that motion was held on Jan. 26, 2016, where his counsel requested that the court review his 2015 W-2 forms and a petition to abate child support filed by respondent's former wife after trial," the order states.

After hearing argument from both parties, the trial court denied Evan Cozadd’s motion to reconsider and he filed an appeal.

In his appeal, Evan Cozadd argued that the trial court erred when it failed to make specific findings regarding his income, failed to identify reasoning for awarding maintenance with citation to relevant statutory factors, and failed to calculate the amount and duration of maintenance under the guidelines.

Moreover, effective Jan. 1, 2015, if a court determines maintenance is warranted it is required to state its reasoning.

Justice Richard P. Goldenhersh, for the three-judge panel, wrote that the record shows that both in its oral ruling from the bench and in its written order, St. Clair County Associate Judge Julia Gomric failed to state specific findings regarding its reasoning for awarding maintenance with reference to relevant factors provided in the Illinois Marriage and Dissolution of Marriage Act.

Goldenhersh also wrote that Gomric "failed to state specific findings regarding its downward deviation of maintenance ($2,000 per month for 24 months)" and the "amount of maintenance or duration that would have been required under the guidelines."

“The plain and ordinary meaning of section 504(b-2) of the act requires the court to make specific findings of fact regarding its maintenance determination,” he wrote.

As a result, the appeals court vacated the judgment of the St. Clair County Circuit Court and remanded this cause with directions for the court to enter into the record specific findings regarding its maintenance determination in accordance with section 504(b-2) of the Illinois Marriage and Dissolution of Marriage Act.

Will state Rep. Dan Beiser, D-Alton, sacrifice local school districts for a Chicago bailout?

Gov. Bruce Rauner’s changes to a school funding bill would bring $4.1 million more to school districts Beiser represents, but Beiser could vote to scrap additional funding for his school districts in favor of special subsidies for Chicago Public Schools.

The Illinois Senate on Aug. 13 voted to override Rauner’s amendatory veto of Senate Bill 1, a school funding plan. Rauner’s changes to the bill stripped it of language that primarily or exclusively benefited CPS at the expense of school districts in need across the state. Under the amendatory veto, no school district would receive less money than it did in 2017.

In fact, Rauner’s changes would bring more money to 97 percent of Illinois school districts, compared with the version of SB 1 lawmakers originally sent to his desk. That includes a total of $4.1 million for school districts Beiser represents. As SB 1 heads to the House, Beiser and other representatives will be deciding whether they want to put a Chicago bailout ahead of their own local school districts.

Rather than embrace changes that would’ve brought greater fairness and equity to the education funding formula, senators who voted to override the governor’s amendatory veto chose to continue a long history of state bailouts for CPS.

If Beiser votes to override the governor, he will be doing the same, at the expense of students in his district.

Forty-eight area school districts would receive an extra $15.5 million this year if the Illinois House accepts Gov. Bruce Rauner's version of a school funding bill, according to an analysis by the Illinois State Board of Education.

As reported by the Metro East Sun, House members will convene today, where they will decide whether to override Rauner's amendatory veto of Senate Bill 1, which redistributes state school funds from suburban districts to Chicago Public Schools (CPS).

Rauner's changes to the bill would remove a provision that bails out the insolvent CPS, shifting CPS' $17 billion in debt to suburban property taxpayers.

On Sunday, the Illinois Senate voted to override Rauner's veto. 

Area legislators State Sen. Sam McCann (R-Carlinville) William Haine (D-Alton), Andy Manar (D-Bunker Hill) and James Clayborne (D-Belleville) sided with Chicago Democrats, voting 'yes' on the override.

Sens. Kyle McCarter (R-Lebanon) and Paul Schimpf (R-Okawville) voted against it, siding with Gov. Rauner.

On Aug. 1, prior to the Senate vote, Rauner held a press conference outlining what he felt was at stake with this legislation. 

“I hope they vote to support our plan and help us change how we fund our schools for the better; help us finally make education fair and equitable for all our schools,” Rauner said. “It’s time to act. If lawmakers refuse to support the numbers and our changes, then let’s come together to find another solution, quickly. Let’s get a compromise quickly. If they will not support our amendatory veto, then let’s come together. Our children need action. They deserve so much better than what we currently have. This is too important to let partisan games get in the way.”

Area districts that would gain the most include Valmeyer Unit 3 ($4.04 million), Alton Unit 11 ($1.94 million), Collinsville 10 ($1.57 million) and East St. Louis 189 ($1.14 million).

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How will your district fare in Gov. Rauner's schools plan?

The table below shows how much more Metro East school districts would gain if there is no override of Rauner's amendatory veto of SB 1.

Seventh Circuit appellate judges affirmed the district court’s order dismissing a breach of contract suit on jurisdictional grounds for the second time after the plaintiff appeared to add a new Illinois defendant in an effort to defeat removal and dismissal.

“[Plaintiff Bernard] Henneberger should count himself lucky that defendants have not asked for sanctions. He cannot expect to avoid penalties if he continues his doomed attempt to litigate this claim in Illinois,” the opinion states.

Seventh Circuit judges Richard Posner, Frank Easterbrook and Daniel Manion delivered the Aug. 9 opinion affirming dismissal.

The order explains that Henneberger claims Ticom Goematics Inc. promised that if it was acquired by another firm it would reward the plaintiff “handsomely” for his work improving the defendant’s intellectual property.

Ticom was acquired by Six3 Systems in 2012 but allegedly refused to pay Henneberger a bonus, arguing that no such promise was made.

Henneberger filed a lawsuit in 2014 in an Illinois state court demanding $10 million from Ticom, Ticom president Mark Leach, Ticom manager David Feuerstein and CACI International, which purchased Six3 and its subsidiary in 2013.

The defendants removed the suit to the U.S. District Court for the Southern District of Illinois arguing diversity jurisdiction. The district court found that it lacked personal jurisdiction over any of the defendants.

Ticom is incorporated in Texas and has a principal place of business in Virginia. Leach and Feuerstein live and work in Texas. Six3 and CACI are Delaware corporations with a principal place of business in Virginia.

Henneberger worked at Ticom in Texas when the asserted promise was made.

“The judge observed that the suit’s sole connection with Illinois is that Henneberger now lives there, while personal jurisdiction depends on the activities of the defendants rather than those of a mobile plaintiff,” the opinion states.

The Seventh Circuit affirmed dismissal.

The opinion states that Henneberger could have followed up the district court’s decision by filing a lawsuit in Texas or Virginia, but he chose to again sue in Illinois, “perhaps hoping that the state judges would disregard the preclusive effect of the federal judiciary’s decisions.”

“Seeking to ensure that the suit stayed in state court this time, Henneberger added GTCR, LLC to the list of defendants,” the opinion explains.

GTCR is a private capital firm based in Illinois and had an indirect ownership interest in Six3 until the firm was sold to CACI in 2013.

The defendants again removed the suit to district court, arguing that GTCR had been fraudulently joined in an effort to prevent removal.

The district court denied Henneberger’s motion to remand and dismissed the suit on the same jurisdictional grounds as before.

The Seventh Circuit agrees with the lower court's decision, concluding that any claim against GTCR is frivolous.

“The district judge’s second decision is as sound as its first one,” the opinion states. “GTCR has nothing to do with the events of which Henneberger complains – it neither made the asserted promise to Henneberger nor owned Ticom when the promise supposedly was made, and by the time of the litigation GTCR did not have even an indirect interest in Six3, let along control of Ticom.”

The appellate court holds that GTCR has “no place in this litigation.”

Regardless, the court finds that the suit still could not proceed in Illinois as GTCR “would be entitled to insist that the other defendants bear the responsibility and must be joined, which would require the suit’s dismissal because they cannot be sued in Illinois.”

Henneberger argues that doctrines of piercing the corporate veil apply here in an effort to implicate GTCR. The Seventh Circuit disagrees, stating that Ticom is an “empty shell” that would be liable for its own debts.

Henneberger asks the court to disregard the first suit arguing that the defendants submitted a fake document.

“But Henneberger does not grapple with the venerable principle that a litigant who believes that a judge was deceived must return to that judge with a request that the judgment be reopened; he cannot simply file a new suit and ask the second court to disregard the first’s decision,” the opinion states.

U.S. District Court for the Southern District of Illinois case number 16-cv-138

An attorney has decided not to seek sanctions against a former client who allegedly filed a frivolous, time-barred legal malpractice suit after the attorney was suspended for her actions in his divorce litigation.

Madison County Circuit Judge William Mudge filed an agreed order on Aug. 3, stating that defendants Amanda Bradley Verett and Michael Reid have orally requested leave to withdraw their pending motions for sanctions.

Plaintiff Christopher Nolan did not object.

Mudge granted the motion and withdrew the pending motions for sanctions.

He noted that the July 27 order granting dismissal is the final order in the case and awarded the defendants their actual court costs.

Defense attorney Roy Dripps of Armbruster Dripps Winterscheidt & Blotegovel LLC in Maryville filed a motion for sanctions on April 7 on behalf of Verett. He sought $343.67 for costs and $6,874.37 in attorney’s fees. Reid joined on April 26.

Dripps requested an order sanctioning Nolan and his attorney, former Madison County judge Thomas Hildebrand, arguing that they knew Nolan’s complaint was frivolous and untimely but filed it to extort money.

“The Court should sanction both plaintiff and plaintiff’s counsel for filing a frivolous suit not grounded in the law because the statute of limitations expired on this case nearly a decade ago,” the motion stated.

Dripps also argues that Hildebrand had an “ethical obligation” to inform the court of all material facts, including the defendants’ pending dispositive motions.

“Mr. Hildebrand’s failure to comply with his ethical obligation is inexcusable,” the motion states. “But it only gets worse.

“Concealing from the Court the existence of the pending dispositive motion was clearly a conscious decision because Plaintiff’s counsel presented the motion for voluntary dismissal but did not even serve it until the day after the Court signed the proposed order.

“This tactic deprived defendants of any opportunity to object to hearing the voluntary dismissal motion before their own motions to dismiss as well as to ask the Court to award costs pursuant to the voluntary dismissal statute,” the motion states.

Reid is represented in the case by Lawrence R. Smith and Lee J. Karge of Brinker & Doyen LLP in Clayton, Mo.

Verett was suspended for 90 days in 2008 for her handling of a family matter between Nolan and his ex-wife.

In his Jan. 17 complaint, Nolan alleged Verett deviated from the standard of care of a reasonable attorney by filing and obtaining ex parte relief against his ex-wife, Tanna Nolan, and a Missouri hospital despite knowing she was not entitled to do so.

Reid also collected attorney’s fees for allegedly engaging in strategy conferences with Verett.

In Nolan’s malpractice suit, he claimed he was required to pay $25,000 in Tanna Nolan’s attorney’s fees as a result of Verett’s alleged breach of contract and another $25,000 in fees in defending the assessment of attorney’s fees.

He also alleged Verett charged him $18,569.03 for services, which provided no benefit and put him in a worse position.

Madison County Circuit Court case number 17-L-27