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WALKER v. WARE

Docket No. 1-12-2364.

988 N.E.2d 209 (2013)

2013 IL App (1st) 122364

370 Ill. Dec. 433

Frieda WALKER, Plaintiff-Appellee, v. Dennis WARE, as Surviving Spouse of Anne Taplin, Deceased, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

March 29, 2013.

Attorney(s) appearing for the Case

Condon & Cook, L.L.C., of Chicago ( J. Scott Gillman and Guy M. Conti , of counsel), for appellant.

Karchmar & Lambert, P.C., of Chicago ( Matthew B. Karchmar , of counsel), for appellee.

OPINION

Presiding Justice LAMPKIN delivered the judgment of the court, with opinion.

¶ 1 This case comes before us pursuant to Illinois Supreme Court Rule 308(a) (eff. Feb. 26, 2010). The trial court certified the following question for our review: "does a sheriff's Return of Service that states `reason not served — deceased' constitute knowledge of a person's death such that section 5/13-209(c) of the Illinois Code of Civil Procedure (735 ILCS...

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