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DIVERSIFIED FINANCIAL SYSTEMS, INC. v. BOYD

No. 4-96-0218.

678 N.E.2d 308 (1997)

286 Ill. App.3d 911

222 Ill.Dec. 696

DIVERSIFIED FINANCIAL SYSTEMS, INC., an Indiana Banking Corporation, Plaintiff-Appellant, v. Nancy BOYD, Roger Boyd, Earl Cox, Judith Cox, Keith Crawford, Elizabeth Dickson, Mark Dickson, Earl Heck, Jean Heck, Earl Julius, Mary Julius, Magna Trust Company of Decatur, an Illinois corporation, as Trustee under a Trust Agreement dated 6/21/85, and known as Trust No. 3060, Jerry Mullican, Linda Mullican, Cheryl Pagel, Larry Pagel, Jill Phillips, and Tom Phillips, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied April 14, 1997.

Attorney(s) appearing for the Case

David K. Cox, argued, James W. Johnson, Johnson, Stricklin & Waller, Decatur, for Diversified Financial Systems, Inc.

Gary Edward Orr (argued), Orr, Dvorak & Associates, Ltd., East Peoria, for Nancy Boyd, Mark Dickson, Cheryl Pagel, Mary Julias, Jerry Mullican, Judith Cox, Roger Boyd, Larry Pagel, Earl Cox, Earl Julias, Elizabeth Dickson, Linda Mullican, Earl Heck, Jean Heck.

H. Kent Heller, Mattoon, David Stevens (argued), Heller, Holmes & Associates, P.C., Mattoon, for Tom Phillips, Jill Phillips.

Justice COOK delivered the opinion of the court:

Diversified Financial Systems (DFS) filed this mortgage foreclosure suit in March 1994. Seventeen of the eighteen defendants (all but Magna Bank) moved for summary judgment on the grounds they had been absolved of indebtedness on the underlying notes in a federal lawsuit involving DFS' predecessor in interest. Accordingly, they argued, this suit was barred as res judicata. The trial court granted the motion....

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