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FLEISSNER v. FITZGERALD

No. 2-09-0805.

937 N.E.2d 1152 (2010)

403 Ill. App.3d 355

Hans FLEISSNER, doing business as Hans Fleissner Builders, Plaintiff-Appellant, v. Timothy R. FITZGERALD and Tracy E. Fitzgerald, Defendants-Appellees (The City of Rockford Water Department, Unknown Owners, and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Second District.

August 6, 2010.

Attorney(s) appearing for the Case

Jody L. Beilke, Barrick, Switzer, Long, Balsley & Van Evera, LLP, Rockford, for Hans Fleissner.

Scott C. Sullivan, Joel M. Huotari, WilliamsMcCarthy LLP, Rockford, for City of Rockford Water Dept., Timothy R. Fitzgerald, Tracy E. Fitzgerald.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, Hans Fleissner, doing business as Hans Fleissner Builders, appeals the circuit court order dismissing his complaint on a motion filed by defendants, Timothy R. Fitzgerald and Tracy E. Fitzgerald, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2-619(a)(9) (West 2008)). We reverse and remand.

I. BACKGROUND

On May 7, 2009, plaintiff filed his first amended...

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