Steiner v. Eckert
2013 IL App (2d) 121290
Ill. App. Ct.2013Background
- Steiner and AgriStar Frozen Foods sued Eckert and others; settlement dated June 29, 2010 with addendum August 10, 2010.
- Settlement required Eckert to pay money and allowed dismissal with prejudice if paid; default allowed Steiner to seek $1 million judgment minus amounts paid.
- September 3, 2010 agreed order acknowledged settlement, with dismissal with leave to reinstate if Eckert defaulted, and retention of enforcement jurisdiction.
- February 8, 2011 forbearance agreement delayed enforcement for eight months and obligated Steiner to cause a $1 million judgment; execution stayed during forbearance.
- December 11, 2011 Steiner amended motion to enforce and for entry of judgment; Eckert did not respond; July 12, 2012 court granted and entered $1 million judgment.
- November 1, 2012 Eckert moved to vacate; trial court denied; Eckert appealing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence and enforceability of the settlement and forbearance | Steiner: agreement existed and was enforceable as amended by forbearance. | Eckert: no verified proof of a valid settlement/ambiguous terms. | Court properly enforced; agreements existed and were enforceable as amended. |
| Whether entry of judgment was improper without prove-up or default | Steiner: no default judgment; forbearance and settlement authorized judgment. | Eckert: judgment improperly entered for lack of pleadings/evidence. | Not a default judgment; 2-1301(e) inapplicable; entry was proper. |
| Whether an evidentiary hearing was required due to ambiguity | Steiner: no ambiguity; terms unambiguous. | Eckert: terms were ambiguous and warranted an evidentiary hearing. | No hearing required; settlement terms were unambiguous. |
Key Cases Cited
- Teitelbaum v. Reliable Welding Co., 106 Ill. App. 3d 651 (1982) (default judgments limited to want of appearance or pleadings)
- KSAC Corp. v. Recycle Free, Inc., 364 Ill. App. 3d 593 (2006) (motion is not a pleading; effect on default rules)
- In re B.L., 315 Ill. App. 3d 602 (2000) (party may not acquiesce in procedure and complain on appeal)
- In re Estate of Rice, 108 Ill. App. 3d 751 (1982) (summary proceeding approved where opposing party did not object)
- Regas v. Associated Radiologists, Ltd., 230 Ill. App. 3d 959 (1992) (purpose of 2-1203 motion to alert trial court to errors)