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PORUBA v. PORUBA

No. 3-09-0170.

919 N.E.2d 1066 (2009)

Dorothy I. PORUBA, Plaintiff-Appellant, v. Frank A. PORUBA, Jr., Defendant-Appellee.

Appellate Court of Illinois, Third District.

December 7, 2009.

Attorney(s) appearing for the Case

Michael Gulo, M.G. Gulo & Associates, Ltd., Streator, IL, for Appellant.

Stephen C. Myers, Myers, Berry, O'Conor & Kuzma, Ltd., Streator, IL, for Appellee.

Justice SCHMIDT delivered the opinion of the court:

Plaintiff, Dorothy Poruba, filed a complaint against defendant, Frank A. Poruba, Jr., to partition certain real estate. Plaintiff is the sole life tenant and defendant the sole remainderman. The circuit court of La Salle County granted defendant's motion to dismiss plaintiff's complaint pursuant to section 2 — 615 of the Illinois Code of Civil Procedure (the Code). (735 ILCS 5/2 — 615 (West 2008))....

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