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STEWART v. LATHAN

No. 1-09-2384.

929 N.E.2d 1238 (2010)

Karon STEWART, Plaintiff and Counterdefendant-Appellant (Laura A. Holwell, Appellant,) v. David LATHAN, Defendant and Counterplaintiff-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

May 28, 2010.

Attorney(s) appearing for the Case

Laura Holwell, Law Offices of Laura A. Holwell, Chicago, IL, for Plaintiff/Appellant.

Presiding Justice TOOMIN delivered the opinion of the court:

Judges who conduct ex parte proceedings without valid notice to the parties act at their peril. Here, we determine that judgment entered on a counterclaim together with sanctions imposed against absent counsel was fatally flawed as lacking the essential requisites of due process.

Plaintiff, Karon Stewart, filed suit against David Lathan for property damage stemming from an automobile accident...

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