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COMMUNITY BANK OF PLANO v. OTTO

No. 2-00-0039.

755 N.E.2d 532 (2001)

324 Ill. App.3d 471

258 Ill.Dec. 149

COMMUNITY BANK OF PLANO, n/k/a First National Bank of Joliet/Plano Banking Center, Plaintiff-Appellee, v. A. Norman OTTO and Allen C. Otto, Special Adm'rs of the Estate of August C. Otto, Jr., Defendants-Appellants.

Appellate Court of Illinois, Second District.

August 29, 2001.

Attorney(s) appearing for the Case

Louis E. Neuendorf, Sandwich, for A. Norman and Allen C. Otto and Estate of August C. Otto, Jr.

Daniel J. Kramer, Law Offices of Daniel J. Kramer, Yorkville, for Community Bank of Plano.

Justice O'MALLEY delivered the opinion of the court:

Defendants, A. Norman Otto and Allen C. Otto, appeal from the trial court's dismissal of their petition to set aside and vacate judgment and the denial of their motion for rehearing. We vacate the trial court's judgment.

We first note that plaintiff, Community Bank of Plano (bank), has moved to dismiss this appeal pursuant to Supreme Court Rule 373 (134 Ill.2d R. 373), in that defendants' notice of appeal...

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