American Society of Lubrication Engineers v. Roetheli

621 N.E.2d 30, 249 Ill. App. 3d 1038, 190 Ill. Dec. 161, 1993 Ill. App. LEXIS 587
CourtAppellate Court of Illinois
DecidedApril 29, 1993
Docket1-91-3892
StatusPublished
Cited by12 cases

This text of 621 N.E.2d 30 (American Society of Lubrication Engineers v. Roetheli) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Society of Lubrication Engineers v. Roetheli, 621 N.E.2d 30, 249 Ill. App. 3d 1038, 190 Ill. Dec. 161, 1993 Ill. App. LEXIS 587 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAHILL

delivered the opinion of the court:

We are asked here to decide whether or not a court retains jurisdiction and the power to sanction an attorney who agrees at a pretrial conference to a settlement whose terms are incorporated in an agreed dismissal order and who then withholds payment for seven months. We affirm the decision of the trial court and hold that the court may award attorney fees in such a case under Supreme Court Rules 218 and 219 (134 Ill. 2d Rules 218, 219).

On the morning of January 2, 1991, lawyers for the plaintiff and the defendants appeared before a judge on the priority trial call in the municipal division of the circuit court of Cook County. The plaintiff had filed suit in 1987 for damages to its building, which had been struck by the defendants’ automobile. A discussion ensued among the lawyers and the judge about the status of the case. The defendants’ lawyer offered to settle the case for 70% of the plaintiff’s demand. A question arose as to the accuracy of the settlement and the judge readded the dollar amount with a portable calculator. The plaintiff accepted. The court then entered the following order:

“This matter having come before this Court upon the priority trial call and the Court having been advised in the premises that all matters in controversy having been resolved between the parties, and by agreement of the parties, it is hereby ordered that this matter be and is dismissed. Further that this Court shall retain jurisdiction of this matter in the event that any party fails to execute any necessary document or to pay the agreed settlement amount. It is further ordered that this matter has settled in the amount of $3,103.80.” (Emphasis added.)

The same day, the defendants’ attorney sent a letter to the plaintiff’s attorney confirming that the case had been settled. The letter further said that upon receiving a copy of the repair bills, the estimates, a signed release, and a signed proof of loss, the defendants would issue a check for the settlement amount and the matter would be closed.

On February 22, 1991, the plaintiff’s attorney sent the defendants’ attorney a signed release but did not include the repair bills. On March 4, 1991, the defendants’ attorney wrote to the plaintiff’s attorney thanking her for the release but again asking for repair bills and a signed proof of loss.

Three more letters from the plaintiff’s lawyer to the defendants’ lawyer followed. None were answered by the defendants’ lawyer. In the first letter on March 6, the plaintiff’s attorney requested that a check be issued and reminded defense counsel that the release had been sent on February 22. No mention was made of repair bills. On March 20, the plaintiff’s attorney again wrote stating that the repair bills had been previously tendered on January 22, 1988, September 21, 1989, and on the last court date, January 2, 1991. She went on to say that she did not feel she needed to produce the documents a fourth time.

On May 10, the plaintiff’s lawyer wrote to demand payment within seven days. She also stated that if payment was not made, she would move to vacate the dismissal order. There was no response.

The plaintiff moved to vacate the dismissal order and for sanctions. On August 22, 1991, after a hearing, the court entered an order which stated that the defendants acknowledged the settlement amount and further granted the plaintiff leave to file a petition for attorney fees.

On September 5, after hearing argument, the judge granted the petition and awarded the plaintiff $436.50 in fees. The judge denied the defendants’ motion to vacate the order on October 31. The defendants then filed a notice of appeal.

The parties met again on December 12 for a hearing on the defendants’ motion to post an appeal bond. A court reporter was present and the trial judge, commenting on the events of January 2, 1991, said: “As I recall, there was an argument made that the numbers did not add up when in fact they did add up, and we had gone through them on a calculator at the pretrial conference ***.” (Emphasis added.)

The defendants make three arguments on appeal: (1) that the court lacked jurisdiction to enter an order for attorney fees, coming as it did seven months after the January 2, 1991, order of dismissal; (2) assuming jurisdiction, no authority exists under which the court is empowered to award attorney fees; and (3) assuming jurisdiction and the authority to award attorney fees, that the defendants did nothing to warrant a sanction.

The defendants first argue that the trial court was without jurisdiction when it awarded attorney fees because the award came more than 30 days after the case was dismissed. It is generally true that a trial court only retains jurisdiction to alter judgment orders or grant other relief for 30 days after entry of a final order. Brigando v. Republic Steel Corp. (1989), 180 Ill. App. 3d 1016, 1020, 536 N.E.2d 778, 781.

There are, however, exceptions to the general rule and several are relevant here. First, the court explicitly retained jurisdiction under its order dismissing the case. (See, e.g., Anundson v. City of Chicago (1970), 44 Ill. 2d 491, 256 N.E.2d 1.) Second, parties revest a court with jurisdiction by participating in further proceedings which are inconsistent with an order of dismissal. (Comet Casualty Co. v. Schneider (1981), 98 Ill. App. 3d 786, 792, 424 N.E.2d 911, 916.) The defendants’ attorney, without objection, appeared and argued at the August 22, 1991, hearing on the plaintiff’s motion to vacate and for sanctions. Third, the trial court has inherent authority to enforce its own orders and judgments. (Adam Martin Construction Co. v. Brandon Partnership (1985), 135 Ill. App. 3d 324, 326, 481 N.E.2d 962, 964; Cities Service Oil Co. v. Village of Oak Brook (1980), 84 Ill. App. 3d 381, 384, 405 N.E.2d 379, 382 (“It is an elementary principle of law that judicial power essentially involves the right to enforce the results of its own exertion”).) Last, we hold, and explain later in this opinion, that Supreme Court Rule 219 invests the trial court with jurisdiction in this case.

The defendants further claim that at the conference on January 2, 1991, the attorneys orally agreed that repair bills should be tendered before the defendants were required to pay the settlement amount. Since the plaintiff did not tender them until the August 22, 1991, hearing, the defendants argue that any delay was caused by the plaintiff.

We agree with the trial court’s finding that the alleged condition was not part of the settlement agreement. No evidence in the record supports the defendants’ contention, and the defendants did not deny that the plaintiff tendered the repair bills on three separate occasions.

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Bluebook (online)
621 N.E.2d 30, 249 Ill. App. 3d 1038, 190 Ill. Dec. 161, 1993 Ill. App. LEXIS 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-society-of-lubrication-engineers-v-roetheli-illappct-1993.