2017 IL App (2d) 160466
Ill. App. Ct.2017Background
- Condominium project included 24 units and 25 garages; unit 1H was originally entitled to garages 1H and 1HA per the plat and declarations.
- Unit 1H was conveyed to Regina Sokolowski; plaintiff (owner of 2H) later purchased garage 1H from the Ferraris in May 2014 for $6,500.
- Defendant (Danuta Skassa) brought a forcible entry and detainer action in May 2015 seeking possession of garage 1H; at trial ownership became contested and the trial court found defendant owned garage 1H based on the plat/deed.
- Plaintiff did not file posttrial motions or appeal the forcible entry judgment; instead she filed a separate quiet title complaint within one month after losing possession.
- The trial court dismissed the quiet title claim under section 2-619(a)(4) as barred by res judicata; other counts against the Ferraris were later dismissed and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars plaintiff's quiet title claim | Jaworski: no final judgment in forcible entry; ownership issue not necessarily decided there | Skassa: forcible entry judgment was final and decided ownership, so res judicata applies | Court: res judicata applies — forcible entry judgment was final and resolved ownership issue |
| Whether appellate sanctions under Rule 375(b) are warranted | Jaworski: appeal brought in good faith; she sought prompt resolution and had case law support | Skassa: appeal frivolous/improper; sanctions justified | Court: no sanctions — issues had arguable merit and not brought in bad faith |
Key Cases Cited
- Rosewood Corp. v. Fisher, 46 Ill. 2d 249 (discusses that forcible entry and detainer are summary proceedings but may address matters germane to possession)
- Hudson v. City of Chicago, 228 Ill. 2d 462 (elements of res judicata and its preclusive effect)
- Wood v. Wood, 284 Ill. App. 3d 718 (title-based claims can be considered in forcible entry and detainer actions)
- Rodriguez v. Owaynat, 137 Ill. App. 3d 1017 (ownership may be decided in forcible entry and detainer proceedings)
- Continental Illinois Nat. Bank & Trust Co. v. Wilson, 103 Ill. App. 3d 357 (limitations on resolving complex title disputes in summary proceedings)
- Chicago Title & Trust Co. v. Weiss, 238 Ill. App. 3d 921 (forfeiture of arguments unsupported by authority)
- Yorulmazoglu v. Lake Forest Hospital, 359 Ill. App. 3d 554 (res judicata is equitable and need not be applied where it would work an injustice)