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CARLEN v. FIRST STATE BANK OF BEECHER CITY

No. 5-05-0331.

857 N.E.2d 696 (2006)

David V. CARLEN, Plaintiff-Appellant, v. FIRST STATE BANK OF BEECHER CITY, James Richard Myers, and LeFevre, Zeman, Oldfield & Schwarm Law Group, Ltd., n/k/a LeFevre, Oldfield & Myers Law Group, Ltd., Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted August 25, 2006.

Opinion Filed August 25, 2006.

Attorney(s) appearing for the Case

David V. Carlen, Altamont, for Appellant Pro se.

Martin W. Siemer, Siemer, Austin, Resch, Fuhr & Totten, Effingham, for First State Bank of Beecher City.

Michael J. Nester, Donovan, Rose, Nester & Joley, P.C., Belleville; David A. Bailie, Thomas, Mamer & Haughey, LLP, Champaign, for James Richard Myers and LeFevre, Oldfield & Myers Law Group, Ltd.

Justice McGLYNN delivered the opinion of the court:

I. Background

On January 3, 1995, First State Bank of Beecher City (First State Bank) filed a claim in the probate proceedings of the estate of Walter L. Carlen, case No. 94-P-61 in the Fourth Judicial Circuit, Effingham County. The claim asserted that First State Bank was entitled to recover the balance of unpaid loans, plus interest, owed by the estate of Walter...

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