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WALCZAK v. ONYX ACCEPTANCE CORP.

No. 2-05-0979.

850 N.E.2d 357 (2006)

Christopher D. WALCZAK and Judith E. Walczak, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. ONYX ACCEPTANCE CORPORATION, Defendants-Appellants.

Appellate Court of Illinois, Second District.

June 7, 2006.

Attorney(s) appearing for the Case

Michael H. Moirano, Claire E. Gorman, Nisen & Elliott, Chicago, for Onyx Acceptance Corporation.

Chris Marder, Waukegan, Donald L.F. Metzger, Metzger & Associates, Ltd., Chicago, for Christopher D. Walczak, Judith E. Walczak.

Justice CALLUM delivered the opinion of the court:

I. INTRODUCTION

This court granted defendant's, Onyx Acceptance Corporation's, petition for leave to appeal under Supreme Court Rule 306(a)(8) (Official Reports Advance Sheet No. 26 (December 24, 2003), R. 306(a)(8), eff. January 1, 2004) from the trial court's order granting plaintiffs', Christopher D. and Judith E. Walczaks', motion for reconsideration and class certification. See 735 ILCS 5/2-801 (West...

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