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BENO v. McNEW

No. 2-89-0015.

186 Ill. App.3d 359 (1989)

542 N.E.2d 533

DAVID W. BENO, Plaintiff-Appellee, v. RAYMOND L. McNEW, Defendant-Appellant (La Salle National Bank Trust No. 14790-09 et al., Defendants).

Appellate Court of Illinois — Second District.

Opinion filed July 28, 1989.

Attorney(s) appearing for the Case

Richard W. Husted, of Dundee, for appellant.

Rita Farrell Sullivan, of Early, Collison, Tousey, Regan & Sullivan, of Elgin, for appellee.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

Defendant, Raymond L. McNew, appeals from an order of the circuit court of Kane County denying his motion for attorney fees and costs pursuant to section 2-611 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2-611). Defendant contends that the trial court abused its discretion when it denied his motion for attorney fees and costs without conducting an evidentiary...

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