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COSTA v. OLIVEN

No. 2-05-0793.

849 N.E.2d 122 (2006)

365 Ill. App.3d 244

302 Ill.Dec. 507

Eugene A. COSTA, Plaintiff-Appellant, v. Catherine A. OLIVEN, Defendant-Appellee.

Appellate Court of Illinois, Second District.

May 17, 2006.

Attorney(s) appearing for the Case

Ronald J. Broida, Jeffrey A. Tullis, Broida & Tullis, Naperville, for Eugene A. Costa.

Theodore Birndorf, Wayne Jarvis, Theodore Birndorf & Associates, Chicago, for Catherine A. Oliven.

Presiding Justice GROMETER delivered the opinion of the court:

Plaintiff, Eugene A. Costa, appeals from an order of the circuit court of Du Page County dismissing counts I and II of his three-count complaint against defendant, Catherine A. Oliven. Plaintiff contends that the trial court erroneously relied on Hewitt v. Hewitt, 77 Ill.2d 49, 31 Ill.Dec. 827, 394 N.E.2d 1204 (1979), in dismissing...

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