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MELLON v. COFFELT

No. 2-99-0243.

730 N.E.2d 102 (2000)

313 Ill. App.3d 619

246 Ill.Dec. 422

Laura MELLON, Plaintiff-Appellant, v. Sally COFFELT, Clerk of the Circuit Court of Lake County, and Judy Barr Topinka, Treasurer of the State of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied June 20, 2000.

Attorney(s) appearing for the Case

Clinton A. Krislov, Kenneth T. Goldstein, Krislov & Associates, Ltd., Chicago, Gary L. Schlesinger, Law Office of Gary L. Schlesinger, Libertyville, Richard D. Grossman, O'Keefe, Lewis & Bruno, Chicago, for Laura Mellon.

Michael J. Waller, Lake County State's Attorney, Adam B. Simon, Assistant State's Attorney, Waukegan, for Sally Coffelt.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Brian F. Barov, Assistant Attorney General, Chicago, for Judy Barr Topinka.

Justice GEIGER delivered the opinion of the court:

This appeal arises out of the trial court's dismissal of the plaintiff's complaint challenging the constitutionality of section 2-1009A of the Code of Civil Procedure, which imposes a surcharge on the filing fee in civil litigation to fund court-annexed mandatory arbitration. 735 ILCS 5/2-1009A (West 1998). On appeal, the plaintiff argues that section 2-1009A violates the following clauses of the 1970 Illinois Constitution...

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