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JAMES EX REL. MIMS v. MIMS

No. 1-99-2384.

738 N.E.2d 213 (2000)

316 Ill.App.3d 1179

250 Ill.Dec. 249

Corean JAMES, on behalf of Helen MIMS, a minor, Plaintiff (Illinois Department of Public Aid, Appellant), v. David MIMS, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

September 29, 2000.

Attorney(s) appearing for the Case

Richard A. Devine, State's Attorney of Cook County, Chicago (Robert J. Ruiz, Mary T. Donoghue, Leonard N. Foster, Assistant State's Attorneys, of counsel), for Appellant.

Justice ZWICK delivered the opinion of the court:

The Illinois Department of Public Aid (Department) appeals from an order of the circuit court directing it to refund to defendant, David Mims, $660.40 representing an overpayment of child support for defendant's minor daughter. On appeal, the Department asserts that the trial court lacked the requisite jurisdiction to order the refund, rendering its order void. Although defendant has not filed a brief on appeal, we...

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