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EMANUEL v. HERNANDEZ

No. 2-99-0656.

728 N.E.2d 1249 (2000)

313 Ill. App.3d 192

245 Ill.Dec. 892

Wayne EMANUEL and Katherine Emanuel, Plaintiffs-Appellees, v. Jose HERNANDEZ and Lisa Hernandez, Defendants and Third-Party Plaintiffs-Appellants (Kit E. Scheidenhelm and Carol L. Scheidenhelm, Third-Party Defendants).

Appellate Court of Illinois, Second District.

May 4, 2000.

Attorney(s) appearing for the Case

Ronald T. Wade, O'Brien, Healy, Wade & Gorman, Rockford, for appellants.

John H. Maville, Maville & Loos, Belvidere, for appellees.

Justice BOWMAN delivered the opinion of the court:

Defendants and third-party plaintiffs, Jose and Lisa Hernandez, appeal an order granting plaintiffs, Wayne and Katherine Emanuel, summary judgment (735 ILCS 5/2-1005(c) (West 1998)) on one count of a complaint for declaratory judgment. The trial court ruled that plaintiffs have an easement by implication over defendants' property. Defendants argue that the judgment cannot stand because plaintiffs failed to prove all...

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