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MOGUL v. TUCKER

No. 86-1546.

152 Ill. App.3d 610 (1987)

504 N.E.2d 872

BARRY MOGUL, Plaintiff-Appellee, v. KENNETH TUCKER, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed February 6, 1987.

Attorney(s) appearing for the Case

Rosenthal & Schanfield, of Chicago (Lawrence M. Templer, of counsel), for appellant.

Feiwell, Galper, Lasky & Berger, Ltd., of Chicago (Daniel C. Meenan, Jr., and William H. Hrabak, Jr., of counsel), for appellee.

Order affirmed and cause remanded.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This is a permissive interlocutory appeal under Supreme Court Rule 308 (87 Ill.2d R. 308) from an order striking the affirmative defense of laches. The question presented is whether defendant is precluded from raising the defense in his answer by our prior opinion in this case, Mogul v. Tucker (1981), 102 Ill.App.3d 438

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