Lurie v. Wolin
2017 IL App (1st) 161571
| Ill. App. Ct. | 2017Background
- Luries formed American Escrow to provide escrow services; Wolin firm represented American Escrow until Feb 2009.
- Illinois and Ohio consumer-protection lawsuits were filed in 2009-2010; default judgments were entered against the Luries and American Escrow.
- In Oct 2010, Luries, via Zachary, sued Wolin and Wolin & Rosen for legal malpractice arising from 2003–2009 legal advice.
- April 1, 2011, circuit court dismissed the complaint without prejudice; an amended complaint deadline was set for May 9, 2011; defense moved to dismiss July 8, 2011.
- Zachary claimed he filed the amended complaint and a motion to reconsider but there were no docket entries; August 18, 2011, dismissal with prejudice entered.
- Evidence later showed stamped dates on documents were falsified, suggesting fraud on the court; the court later found loss of jurisdiction in 2011 after the missed motion to reconsider.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Law-of-the-case applicability on remand | Law of the case barred relitigation of jurisdictional issue | Law-of-the-case does not bar due to fraud on court | Law-of-the-case applies, but fraud permits reconsideration of jurisdiction. |
| Whether the circuit court lost jurisdiction in 2011 | Court retained jurisdiction; timeliness issues unresolved | Missed motion to reconsider caused loss of jurisdiction in 2011 | Circuit court lost jurisdiction in 2011; dismissal with prejudice affirmed. |
| Credibility and impact of forged filings | Evidence insufficient to prove filing fraud | Stamp evidence demonstrates fraud and affects jurisdiction | Findings supported by manifest weight; fraud established. |
Key Cases Cited
- Arizona v. California, 460 U.S. 605 (1983) (law-of-the-case doctrine governs subsequent stages in the same case)
- Christianson v. Colt Indus. Operating Corp., 486 U.S. 800 (1988) (law-of-the-case doctrine promotes finality and efficiency)
- American Service Ins. Co. v. China Ocean Shipping Co. (Americas), Inc., 2014 IL App (1st) 121895 (2014) (law-of-the-case encompasses implied rulings as well)
- Wolfe v. Industrial Comm’n, 138 Ill. App. 3d 680 (1985) (jurisdictional ruling can become law of the case)
- Board v. Industrial Comm’n, 148 Ill. App. 3d 15 (1986) (law-of-the-case applicability to jurisdictional rulings)
- Rojas v. Ill. Workers’ Comp. Comm’n, 406 Ill. App. 3d 965 (2010) (jurisdiction may not be waived; related considerations)
- County Line Nurseries & Landscaping, Inc. v. Glencoe Park Dist., 2015 IL App (1st) 143776 (2015) (self-service filing delays can yield late-dated filings asserts)
- Brigando v. Republic Steel Corp., 180 Ill. App. 3d 1016 (1989) (timeliness and jurisdictional issues bearing consequences)
- Alpha School Bus Co. v. Wagner, 391 Ill. App. 3d 722 (2009) (courts may affirm on any record basis)
- In re K.E.F., 235 Ill. 2d 530 (2009) (affirming on alternative grounds when lacking jurisdiction)
- People v. Sedlacek, 2013 IL App (5th) 120106 (2013) (credibility-based review of evidentiary findings)