Investors Shelter Corp. v. Chernick

Appellate Court of Illinois

Investors Shelter Corp. v. Chernick

374 N.E.2d 786, 58 Ill. App. 3d 446, 16 Ill. Dec. 11, 1978 Ill. App. LEXIS 2328

CourtAppellate Court of Illinois

DecidedMarch 9, 1978

Docket77-1193

StatusPublished

Cited by12 cases

This text of 374 N.E.2d 786 (Investors Shelter Corp. v. Chernick) 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.

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Investors Shelter Corp. v. Chernick, 374 N.E.2d 786, 58 Ill. App. 3d 446, 16 Ill. Dec. 11, 1978 Ill. App. LEXIS 2328 (Ill. Ct. App. 1978).

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Opinion

Mr. JUSTICE ROMITI

delivered the opinion of the court:

Plaintiff, Investors Shelter Corporation, entered into a 1-year residential lease with defendant, Richard Chernick. The lease contained a cognovit provision. Defendant vacated the premises with 3 months remaining in the term of the lease. Plaintiff confessed judgment against defendant for $912.50 which included attorney’s fees. However, at a subsequent hearing judgment was entered for defendant. Plaintiff appeals contending that defendant failed to prove his claim of a constructive eviction.

We affirm.

The record merely recites that the trial court heard evidence, arguments of counsel and was “fully advised in the premises” before judgment was entered for defendant. The record does not contain a verbatim transcript of the trial proceedings, a factual stipulation by the parties or bystanders’ report of proceedings as required by Supreme Court Rule 323. (Ill. Rev. Stat. 1975, ch. 110A, par. 323.) And the briefs filed by the parties contain factual assertions which are not in agreement concerning the issue of whether a constructive eviction occurred thereby negating defendant’s lease obligation.

The burden is on the plaintiff, as appellant, to present a record of sufficient completeness in order to question the quantum of the evidence pertaining to an issue raised at trial. (Angel v. Angelos (1976), 35 Ill. App. 3d 905, 907, 342 N.E.2d 748.) Factual allegations contained in a post-trial motion may not be used as a substitute for a proper report of proceedings. (Belcher v. Spillman (1975), 28 Ill. App. 3d 973, 975, 329 N.E.2d 550.) And in the absence of a proper record it is presumed sufficient evidence was properly presented to support the trial court’s judgment thus requiring its affirmance. Amalgamated Trust & Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App. 3d 430, 433-34, 340 N.E.2d 36; Aurora Packing Co. v. Bolingbrook Inn Co. (1975), 27 Ill. App. 3d 186, 188, 325 N.E.2d 639.

In the present case the record on appeal is not sufficient for this court to ascertain the correctness of the trial court’s determination. Accordingly, the presumption of correctness applies and the judgment of the circuit court is affirmed.

Judgment affirmed.

JOHNSON, P. J., and LINN, J., concur.

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Mr. JUSTICE ROMITI

delivered the opinion of the court:

Plaintiff, Investors Shelter Corporation, entered into a 1-year residential lease with defendant, Richard Chernick. The lease contained a cognovit provision. Defendant vacated the premises with 3 months remaining in the term of the lease. Plaintiff confessed judgment against defendant for $912.50 which included attorney’s fees. However, at a subsequent hearing judgment was entered for defendant. Plaintiff appeals contending that defendant failed to prove his claim of a constructive eviction.

We affirm.

The record merely recites that the trial court heard evidence, arguments of counsel and was “fully advised in the premises” before judgment was entered for defendant. The record does not contain a verbatim transcript of the trial proceedings, a factual stipulation by the parties or bystanders’ report of proceedings as required by Supreme Court Rule 323. (Ill. Rev. Stat. 1975, ch. 110A, par. 323.) And the briefs filed by the parties contain factual assertions which are not in agreement concerning the issue of whether a constructive eviction occurred thereby negating defendant’s lease obligation.

The burden is on the plaintiff, as appellant, to present a record of sufficient completeness in order to question the quantum of the evidence pertaining to an issue raised at trial. (Angel v. Angelos (1976), 35 Ill. App. 3d 905, 907, 342 N.E.2d 748.) Factual allegations contained in a post-trial motion may not be used as a substitute for a proper report of proceedings. (Belcher v. Spillman (1975), 28 Ill. App. 3d 973, 975, 329 N.E.2d 550.) And in the absence of a proper record it is presumed sufficient evidence was properly presented to support the trial court’s judgment thus requiring its affirmance. Amalgamated Trust & Savings Bank v. Conrad Kern Co. (1975), 34 Ill. App. 3d 430, 433-34, 340 N.E.2d 36; Aurora Packing Co. v. Bolingbrook Inn Co. (1975), 27 Ill. App. 3d 186, 188, 325 N.E.2d 639.

In the present case the record on appeal is not sufficient for this court to ascertain the correctness of the trial court’s determination. Accordingly, the presumption of correctness applies and the judgment of the circuit court is affirmed.

Judgment affirmed.

JOHNSON, P. J., and LINN, J., concur.

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374 N.E.2d 786, 58 Ill. App. 3d 446, 16 Ill. Dec. 11, 1978 Ill. App. LEXIS 2328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/investors-shelter-corp-v-chernick-illappct-1978.

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