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GAGLIARDO v. CAFFREY

No. 1-02-3381.

800 N.E.2d 489 (2003)

344 Ill. App.3d 219

279 Ill.Dec. 421

Margaret GAGLIARDO, Individually, and as Mother of Michael E. Gagliardo, a Minor, and Catherine C. Gagliardo, a Minor, Plaintiff-Appellee, v. Paulette CAFFREY, a/k/a Paulette Gagliardo, f/k/a Paulette Carioto, Individually and as: 1. Executor of the Estate of Michael F. Gagliardo, Deceased; 2. Trustee of the Michael F. Gagliardo Revocable Trust; 3. Trustee of the Michael Gagliardo 1990 Special Trust; 4. General Partner of 829 Troy partnership, f/k/a 829 L.L.C., an Illinois partnership; 5. General Partner of Custom 730 North Albany partnership, f/k/a Custom 730 North Albany L.L.C., an Illinois partnership; 6. General Partner of World Cuisine partnership, f/k/a World Cuisine L.L.C., Illinois partnership; 7. President and Director of Eagle Packing Company, an Illinois corporation; 8. President and Director of Columbus Transportation Inc., an Illinois corporation; and 9. President and Director of CFC, Inc., d/b/a Columbus Foods Company, an Illinois corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

November 7, 2003.

Attorney(s) appearing for the Case

Kevin B. Salam, Kevin B. Salam, P.C., Chicago, for Defendant-Appellant.

John C. Anderson, of counsel, Kubasiak, Fylstra, Reizen & Rotunno, P.C., Kevin M. Forde, Ltd., Chicago, for Plaintiff-Appellee.

Justice SMITH delivered the opinion of the court:

This case involves an appeal from the grant of a motion to disqualify counsel (see 166 Ill.2d R. 306(a)(7)) in an action for equitable relief in matters relating to the estate of decedent Michael F. Gagliardo.

INTRODUCTION

Upon Michael's death in May 2001, his sister, defendant Paulette Caffrey, became the sole trustee of a revocable trust that was the sole beneficiary of Michael's estate. Paulette...

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