OTTO BAUM COMPANY v. SÜD FAMILY

Appeal No. 3-19-0054.

159 N.E.3d 444 (2020)

442 Ill.Dec. 265

2020 IL App (3d) 190054

OTTO BAUM COMPANY, INC., an Illinois Corporation, Plaintiff-Appellee, v. SÜD FAMILY LIMITED PARTNERSHIP, a Wisconsin Limited Partnership; Methodist Services, Inc., an Illinois Not-for-Profit Corporation; Unknown Owners; and Unknown Necessary Parties, Defendants (Süd Family Limited Partnership, Defendant-Appellant; Methodist Services, Inc., Defendant-Appellee). Otto Baum Company, Inc., an Illinois Corporation, Plaintiff-Appellee, v. Süd Family Limited Partnership, a Wisconsin Limited Partnership; Commerce Bank National Association, a National Banking Association; Methodist Services, Inc., an Illinois Not-for-Profit Corporation; Regions Bank, an Alabama Banking Corporation; Busey Bank, an Illinois Banking Corporation; Peoria Mob Owners, LLC, a Delaware Limited Liability Company; Süd's of Peoria, Inc., an Illinois Corporation; The Dasco Companies, LLC, a Florida Corporation; Methodist Medical Center of Illinois, an Illinois Not-for-Profit Corporation; Methodist Health Services Corporation, an Illinois Not-for-Profit Corporation; Farnsworth Group, Inc., an Illinois Corporation; P.J. Hoerr, Inc., an Illinois Corporation; The City of Peoria; Unknown Owners; and Unknown Necessary Parties, Defendants (Süd Family Limited Partnership, Defendant-Appellant; Methodist Services, Inc., Defendant-Appellee). Süd Family Limited Partnership, Nancy A. Süd, and Gian C. Süd, Plaintiffs-Appellants, v. Otto Baum Company, Inc.; Attorneys' Title Guaranty Fund, Inc.; and Methodist Services, Inc., Defendants-Appellees.

Appellate Court of Illinois, Third District.

Modified Upon Denial of Rehearing May 18, 2020.


Attorney(s) appearing for the Case

Christopher H. Sokn , of Kingery Durree Wakeman & O'Donnell, Associates, of Peoria, for appellants.

William J. Holloway and Peter M. King , of King Holloway Lipinski, LLC, of Chicago, and Jeffrey E. Krumpe , of Miller, Hall & Triggs, LLC, and David L. Wentworth II , of Hasselberg, Grebe, Snodgrass, Urban & Wentworth, both of Peoria, for appellees.


OPINION

¶ 1 This appeal involves three separate cases consolidated by the trial court. In the first two cases (09-CH-310 and 09-CH-311), Otto Baum Company, Inc. (Otto Baum), filed suit against Süd Family Limited Partnership (Süd), Methodist Services...

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