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VAN PELT CONSTRUCTION COMPANY, INC. v. BMO HARRIS BANK, N.A.

Nos. 1-12-1661, 1-12-2075 cons.

2014 IL App (1st) 121661

VAN PELT CONSTRUCTION COMPANY, INC., Plaintiff and Counterdefendant, v. BMO HARRIS BANK, N.A., f/k/a Harris Bank, N.A., as Assignee of Amcore Bank, N.A., Defendant, Counterplaintiff and Third-Party Plaintiff-Appellant (BWA, Inc., Defendant and Counterdefendant-Appellee; Unknown Owners and Nonrecord Claimants, Defendants and Counterdefendants; Albert Belmonte, Allen Kutchins, Angelos Mitroussias, Danny Karalis, Dorance Lorenzo Padron, Pedro Cevallos Candau, Rogelio Llamedo, and Rosa Gonzalez, Third-Party Defendants-Appellees; and James Papas and Luis Flocco, Third-Party Defendants). VAN PELT CONSTRUCTION COMPANY, INC., Plaintiff and Counter-defendant, v. BMO HARRIS BANK, N.A., f/k/a Harris Bank, N.A., as Assignee of Amcore Bank, N.A., Defendant, Counterplaintiff and Third-Party Plaintiff-Appellant (BWA, Inc., Defendant and Counterdefendant-Appellee; Unknown Owners and Nonrecord Claimants, Defendants and Counterdefendants; Albert Belmonte, Allen Kutchins, Angelos Mitroussias, Danny Karalis, Dorance Lorenzo Padron, Pedro Cevallos Candau, Rogelio Llamedo, and Rosa Gonzalez, Third-Party Defendants-Appellees; and James Papas and Luis Flocco, Third-Party Defendants).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing denied April 23, 2014.

Attorney(s) appearing for the Case

Kurt M. Carlson and Martin J. Wasserman, both of Carlson Dash, LLC, of Chicago, for appellant.

Thomas Rosenwein, of Glickman, Flesch & Rosenwein, of Chicago, for appellees.

Justices Fitzgerald Smith and Epstein concurred in the judgment and opinion.

OPINION

JUSTICE LAVIN delivered the judgment of the court, with opinion.

¶ 1 This appeal arises from the trial court's order enforcing a settlement agreement purportedly entered into between mortgagee BMO Harris Bank, N.A., f/k/a Harris Bank, N.A. (Harris), as assignee of Amcore Bank, N.A. (Amcore), and mortgagor BWA, Inc. (BWA), as well as several guarantors of related promissory notes executed in Harris/Amcore's favor. Pursuant to the alleged settlement...

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