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ANDERSON v. KOHLER

No. 2-05-1212.

877 N.E.2d 110 (2007)

Richard A. ANDERSON and Sandra P. Anderson, Plaintiffs-Appellants, v. Donald J. KOHLER, Betty J. Kohler, and Arrowhead Development Group, Defendants-Appellees.

Appellate Court of Illinois, Second District.

October 4, 2007.

Attorney(s) appearing for the Case

James R. Buck, Klein, Stoddard, Buck, Waller & Lewis, LLC, Sycamore, for Richard A. Anderson and Sandra P. Anderson.

William C. Murphy, Kinnally, Flaherty, Krentz & Loran, P.C., Aurora, for Arrowhead Development Group, Betty J. Kohler and Donald J. Kohler.

Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, Richard A. Anderson and Sandra P. Anderson, appeal the judgment of the trial court in favor of defendants, Donald J. Kohler, Betty J. Kohler, and Arrowhead Development Group, following a bench trial on plaintiffs' complaint. We agree with plaintiffs that the trial court violated their due process rights when, over their objection, the court relied on a transcript of their case-in-chief from a prior trial...

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