JOHNSON v. BAUMGARDT

No. 2-90-1367.

576 N.E.2d 515 (1991)

216 Ill. App.3d 550

159 Ill.Dec. 846

Doug JOHNSON, Plaintiff and Counterdefendant-Appellee, v. Tim BAUMGARDT et al., Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Second District.

July 25, 1991.


Attorney(s) appearing for the Case

Schlueter, Ecklund, Olson, Barrett & Moore, Gregory E. Barrett, Rockford, for Tim Baumgardt and Roy Baumgardt.

Conde, Stoner & Killoren, Robert A. Calgaro, Rockford, for Doug Johnson.


Justice McLAREN delivered the opinion of the court:

Defendants, Tim and Roy Baumgardt, appeal from an order of the circuit court of Winnebago County which granted the motion for summary judgment of plaintiff, Doug Johnson. The sole issue raised by defendants on appeal is whether the trial court erred in determining that it had no authority to compel the parties to return to arbitration. We reverse and remand.

On March 14, 1990, plaintiff filed a complaint...

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