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VAN PELT CONSTRUCTION COMPANY, INC. v. BMO HARRIS BANK, N.A.

Nos. 1-12-1661, 1-12-2075 cons.

2014 IL App (1st) 121661

VAN PELT CONSTRUCTION COMPANY, INC., Plaintiff and Counterdefendant, v. BMO HARRIS BANK, N.A., f/k/a Harris Bank, N.A., as Assignee of Amcore Bank, N.A., Defendant, Counterplaintiff and Third-Party Plaintiff-Appellant (BWA, Inc., Defendant and Counterdefendant-Appellee; Unknown Owners and Nonrecord Claimants, Defendants and Counterdefendants; Albert Belmonte, Allen Kutchins, Angelos Mitroussias, Danny Karalis, Dorance Lorenzo Padron, Pedro Cevallos Candau, Rogelio Llamedo, and Rosa Gonzalez, Third-Party Defendants-Appellees; and James Papas and Luis Flocco, Third-Party Defendants). VAN PELT CONSTRUCTION COMPANY, INC., Plaintiff and Counter-defendant, v. BMO HARRIS BANK, N.A., f/k/a Harris Bank, N.A., as Assignee of Amcore Bank, N.A., Defendant, Counterplaintiff and Third-Party Plaintiff-Appellant (BWA, Inc., Defendant and Counterdefendant-Appellee; Unknown Owners and Nonrecord Claimants, Defendants and Counterdefendants; Albert Belmonte, Allen Kutchins, Angelos Mitroussias, Danny Karalis, Dorance Lorenzo Padron, Pedro Cevallos Candau, Rogelio Llamedo, and Rosa Gonzalez, Third-Party Defendants-Appellees; and James Papas and Luis Flocco, Third-Party Defendants).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing denied April 23, 2014.

Attorney(s) appearing for the Case

Kurt M. Carlson and Martin J. Wasserman , both of Carlson Dash, LLC, of Chicago, for appellant.

Thomas Rosenwein , of Glickman, Flesch & Rosenwein, of Chicago, for appellees.

Justices Fitzgerald Smith and Epstein concurred in the judgment and opinion.

OPINION

JUSTICE LAVIN delivered the judgment of the court, with opinion.

¶ 1 This appeal arises from the trial court's order enforcing a settlement agreement purportedly entered into between mortgagee BMO Harris Bank, N.A., f/k/a Harris Bank, N.A. (Harris), as assignee of Amcore Bank, N.A. (Amcore), and mortgagor BWA, Inc. (BWA), as well as several guarantors of related promissory notes executed in Harris/Amcore's favor. Pursuant to the alleged settlement...

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