National Life Real Estate Holdings, LLC v. International Bank of Chicago
2016 IL App (1st) 151446
| Ill. App. Ct. | 2016Background
- National Life obtained judgment against Scarlato and two related LLCs for $3,424,228.97.
- National Life served a third-party citation to discover assets on IBC on April 13, 2013, with a prohibitive provision.
- IBC loaned $3.5 million to Scarlato, BP, and SHBP (Aug 2013); funds were disbursed to third parties, not to Scarlato.
- National Life moved for entry of judgment against IBC for violation of the citation (July 2014).
- The circuit court denied the motion on April 15, 2015; National Life appealed on May 14, 2015; the appeal sought review of the denial under 2-1402.
- The appellate court dismissed for lack of jurisdiction, holding the April 15, 2015 order was not final under Rule 304(b)(4) and did not foreclose collection efforts against IBC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the April 15, 2015 order denying entry of judgment is final and appealable. | National Life argues the order finalizes the 2-1402 proceeding. | IBC contends the order is not final or appealable. | No; the order is not final or appealable under Rule 304(b)(4). |
Key Cases Cited
- D'Agostino v. Lynch, 382 Ill. App. 3d 639 (2008) (finality in 2-1402 proceedings for Rule 304(b)(4) appealability)
- In re Marriage of McElwee, 230 Ill. App. 3d 714 (1992) (garnishment order not final; beginning of collection process not final")
- Palmolive Tower Condominiums, LLC v. Simon, 409 Ill. App. 3d 539 (2011) (finality considerations in supplemental proceedings)
- Yucis v. Estate, 382 Ill. App. 3d 1069 (2008) (finality criteria for 2-1402 orders")
- PNC Bank, N.A. v. Hoffman, 2015 IL App (2d) 141172 (2015) (discussion of finality in supplemental proceedings)