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SCOBY v. VULCAN-HART CORP.

No. 4-89-0130.

188 Ill. App.3d 89 (1989)

544 N.E.2d 106

PHILLIP SCOBY, Plaintiff-Appellant, v. VULCAN-HART CORPORATION, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 7, 1989.

Attorney(s) appearing for the Case

Jeffrey W. Tock, of Phebus, Tummelson, Bryan & Knox, of Urbana, and Michael J. Tague, of Franklin, Flynn & Palmer, of Champaign, for appellant.

D. Cameron Dobbins, of Dobbins, Fraker, Tennant, Joy & Perlstein, of Champaign, for appellee.

Reversed and remanded.

JUSTICE GREEN delivered the opinion of the court:

• 1 In this case we are concerned first with the effect of a circuit court's refusal, after request, to follow one of its own rules. At times pertinent, a rule of the Sixth Judicial Circuit stated:

"Summary Judgment. A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion under Supreme Court Rule 11...

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