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ROBERTS v. ADKINS

No. 3-09-0187.

921 N.E.2d 802 (2010)

Jerry ROBERTS, Individually and doing business as Roberts Cleaning, Maintenance and More, Plaintiff-Appellee and Counterdefendant-Appellee, v. Dale and Wanda ADKINS, Defendants-Appellants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Third District.

January 7, 2010.

Attorney(s) appearing for the Case

Diane B. Diestler, Blandinsville, IL, for Dale Adkins, Wanda Adkins.

Lisa M. Scalf, Lucie & Scalf, Macomb, IL, for Jerry Roberts, Roberts Cleaning, Maintenance & More.

Justice LYTTON delivered the opinion of the court:

Plaintiff, Jerry Roberts, performed work on a home owned by defendants, Dale and Wanda Adkins (together, Adkins). When Adkins refused to pay Roberts, he recorded a mechanic's lien on their real property. Roberts filed suit to foreclose on the mechanic's lien. Adkins filed counterclaims and raised the Home Repair and Remodeling Act (Act) (815 ILCS 513/1 et seq. (West 2006)) as an affirmative defense. Following...

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