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FREEMAN v. MYERS

No. 4-88-0798.

191 Ill. App.3d 223 (1989)

547 N.E.2d 586

GAYLE A. FREEMAN et al., Plaintiffs-Appellees, v. JAMES M. MYERS, Adm'r of the Estate of Merritt L. Myers, Deceased, Defendant (Robert E. Gillespie, Defendant-Appellant).

Appellate Court of Illinois — Fourth District.

Opinion filed November 9, 1989.

Attorney(s) appearing for the Case

Lee Humphrey, of Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Springfield, for appellant.

Mark E. Wertz, of Janssen, Maher, Wertz & Miller, of Peoria, for appellees Daniel Williams and Law Office of Jay H. Janssen.

Jerome Mirza & Associates, Ltd., of Bloomington (Eileen M. O'Sullivan, of counsel), for appellee Gayle A. Freeman.

Judgment reversed.

JUSTICE KNECHT delivered the opinion of the court:

This appeal involves an award of attorney fees to counsel because opposing counsel intentionally violated the trial court's ruling in limine and thereby caused a mistrial. We agree with the trial court's findings, but conclude the award of attorney fees is impermissible and reverse.

Plaintiffs, Gayle Freeman and Daniel...

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