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DECARO v. M. FELIX, INC.

No. 1-05-2460.

864 N.E.2d 890 (2006)

Lakeshore DECARO, f/k/a LakeShore Digital Imaging, Inc., Plaintiff-Appellee and Defendant-in-Intervention-Appellee, v. M. FELIX, INC., d/b/a Lake Shore Digital Imaging, Inc. and Color Com, MICHAEL FELIX, and Genaro Felix, Defendants (Stewart Title Guaranty Company, Plaintiffs-in-Intervention-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

March 9, 2007.

Attorney(s) appearing for the Case

Cohon Raizes & Regal LLP, Chicago (J. Michael Williams, Cheryl A. Perry, of counsel), for Plaintiff-in-Intervention-Appellant.

Fuchs & Roselli, Ltd., Chicago (Richard C. Perna, Joonho Yu, of counsel), for Plaintiff-Appellee and Defendant-in-Intervention-Appellee.

Presiding Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Genaro Felix (Felix) owned some real property for which there were two existing mortgage liens. Lakeshore Decaro (Lakeshore) subsequently obtained an $80,000 arbitration award against Felix and recorded a memorandum of judgment against the property. After Lakeshore recorded its judgment, Felix entered into a contract to sell the property to Burke Chaney Builders (Burke Chaney). In connection with...

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