SMITH v. FREEMAN

No. 106010.

902 N.E.2d 1069 (2009)

232 Ill.2d 218

Maxine SMITH et al., Appellants, v. Janet FREEMAN et al., Appellees.

Supreme Court of Illinois.

January 23, 2009.


Attorney(s) appearing for the Case

Mark E. Bovard, of Heller, Holmes & Associates, P.C., Mattoon, for appellants.

Martin W. Siemer, of Siemer, Austin, Resch, Fuhr & Totten, Effingham, for appellees.


OPINION

Justice BURKE delivered the judgment of the court, with opinion:

In this case, we must determine whether a successor judge may render a decision and enter judgment based on transcripts of testimony and documentary evidence offered at trial before a predecessor judge. Here, the parties agreed by way of stipulation that the successor judge could rule based on the written evidence, rather than conduct a trial de novo. On appeal, the appellate...

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