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WEATHER-TITE v. UNIVERSITY OF ST. FRANCIS

Nos. 3-07-0402, 3-07-0462.

892 N.E.2d 49 (2008)

WEATHER-TITE, INC., an Illinois Corporation, Plaintiff, v. UNIVERSITY OF ST. FRANCIS, Stonitsch Construction, Inc., Quaker Window Products Company, Excel Electric, Inc., LaForce, Inc., Scott Karli d/b/a SK Sales, Midwest Architectural Glass, Inc., Unknown Owners and Non-Record Claimants, Defendants. Excel Electric, Inc., an Illinois Corporation, Counter-Plaintiff-Appellant, v. University of St. Francis, Stonitsch Construction, Inc., Weather-Tite, Inc., Quaker Window Products Company, LaForce, Inc., Scott Karli d/b/a SK Sales, Midwest Architectural Glass, Inc., Unknown Owners and Non-Record Claimants, Counter-Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied July 18, 2008.

Attorney(s) appearing for the Case

Douglas W. Schlak (argued), Douglas W. Schlak & Associates, New Lenox, for Excel Electric, Inc.

Douglas L. Ziech, Law Office of Douglas L. Ziech, Joliet, for Talaga Sheet Metal, Inc.

David L. Kabat, Tressler, Soderstrom, Maloney & Priess, Wheaton, for Weather-Tite, Inc.

William D. Lyman, Lyman & Nielsen, Oak Brook, John Knier, Green Bay, WI, for LaForce, Inc.

Fred Shestopal, Emalfarb, Swan & Bain, Highland Park, for Quaker Window Products Company

George J. Vosicky (argued), Kavanagh Grumley & Gorbold LLC, Joliet, for University of St. Francis.

Justice LYTTON delivered the opinion of the court:

Excel Electric, Inc. filed a complaint to foreclose a mechanic's lien against University of St. Francis. St. Francis filed a motion for summary judgment, and Excel filed a cross-motion for summary judgment. The trial court granted University's motion and denied Excel's motion. We reverse and remand.

BACKGROUND

In March 2005, St. Francis hired Stonitsch...

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