1. Home
  2. Browse Decisions
  3. N.E.2d
  4. 569 N.E.2d
  5. 569 N.E.2d 304 (1991)
 

FIRST ROBINSON S. & L. v. LEDO CONST. CO.

No. 5-90-0031.

569 N.E.2d 304 (1991)

210 Ill. App.3d 889

155 Ill.Dec. 304

FIRST ROBINSON SAVINGS & LOAN, an Illinois Corporation, Plaintiff-Appellee, v. LEDO CONSTRUCTION COMPANY, INC., a Corporation; Frank W. Battershell; and Lena Mae Battershell, Defendants and Third-Party Plaintiffs-Appellants, (John Battershell, d/b/a Battershell & Associates Architects, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

March 25, 1991.

Attorney(s) appearing for the Case

Massey, Anderson & Gibson, Paris (Richard L. James, of counsel), for plaintiffs-appellants.

D. Cameron Dobbins of Dobbins, Fraker, Tennant, Joy & Perlstein, P.C., Champaign, for third-party defendant-appellee.

Justice HOWERTON delivered the opinion of the court:

The issue in this case is whether defendant, Ledo Construction Company, Inc., properly filed its "counterclaim" against third-party defendant so that it relates back to a previously filed third-party complaint, thereby avoiding the statute of limitations.

We hold that defendant did not properly file its counterclaim, because it was filed ex parte and without leave of court first having been obtained...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases