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FLEISSNER v. FITZGERALD

No. 2-09-0805.

937 N.E.2d 1152 (2010)

403 Ill. App.3d 355

Hans FLEISSNER, doing business as Hans Fleissner Builders, Plaintiff-Appellant, v. Timothy R. FITZGERALD and Tracy E. Fitzgerald, Defendants-Appellees (The City of Rockford Water Department, Unknown Owners, and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Second District.

August 6, 2010.

Attorney(s) appearing for the Case

Jody L. Beilke , Barrick, Switzer, Long, Balsley & Van Evera, LLP, Rockford, for Hans Fleissner.

Scott C. Sullivan , Joel M. Huotari , WilliamsMcCarthy LLP, Rockford, for City of Rockford Water Dept., Timothy R. Fitzgerald, Tracy E. Fitzgerald.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, Hans Fleissner, doing business as Hans Fleissner Builders, appeals the circuit court order dismissing his complaint on a motion filed by defendants, Timothy R. Fitzgerald and Tracy E. Fitzgerald, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2008)). We reverse and remand.

I. BACKGROUND

On May 7, 2009, plaintiff filed his first amended...

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