Searles Group, LLC v. Saunders

2024 IL App (1st) 240323-U
CourtAppellate Court of Illinois
DecidedNovember 21, 2024
Docket1-24-0323
StatusUnpublished

This text of 2024 IL App (1st) 240323-U (Searles Group, LLC v. Saunders) 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
Searles Group, LLC v. Saunders, 2024 IL App (1st) 240323-U (Ill. Ct. App. 2024).

Opinion

2024 IL App (1st) 240323-U No. 1-24-0323 Order filed November 21, 2024 Fourth Division

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ SEARLES GROUP, LLC, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) ) MICHELLE SAUNDERS, MARIONNA SAUNDERS, ) No. 23 M1 714076 VERNON BLACKWELL SAUNDERS, and ) UNKNOWN OCCUPANTS, ) ) Defendants ) Honorable ) Brian R. Porter, (Michelle Saunders, Defendant-Appellant). ) Judge, presiding.

JUSTICE HOFFMAN delivered the judgment of the court. Justices Ocasio and Lyle concurred in the judgment.

ORDER

¶1 Held: Defendant, Michelle Saunders’s, appeal from the portion of the circuit court’s order granting plaintiff possession of the subject residential property is dismissed as moot. The circuit court’s monetary judgment in favor of the plaintiff for unpaid rent and costs is affirmed where defendant failed to provide a sufficient record to support her claim of error.. No. 1-24-0323

¶2 Defendant Michelle Saunders appeals pro se from an order the circuit court entered by

default against her and her children, Marionna Saunders and Vernon Blackwell Saunders, granting

the plaintiff, Searles Group, LLC, possession of the residential property located at 7611 S.

Michigan Ave, Chicago (hereinafter referred to as the “subject property”) and a monetary

judgment for unpaid rent and costs in favor of the plaintiff. 1 On appeal, Michelle argues the circuit

court erred in entering a default judgment against her because she was not notified of the court

date.

¶3 For the following reasons, we dismiss as moot Michelle’s appeal challenging the portion

of the circuit court’s order granting possession of the subject property to plaintiff and affirm the

monetary judgment entered in favor of the plaintiff for unpaid rent and costs.

¶4 The record on appeal consists only of the common law record. Documents in the record

show that on September 15, 2023, plaintiff filed a form eviction complaint against the three named

defendants and unknown occupants, alleging it was entitled to possession of the subject property.

Plaintiff alleged that the defendants unlawfully withheld possession after it terminated their lease

because the defendants violated its terms; specifically, the plaintiff asserted that the defendants (1)

caused or started a fire on July 7, 2023; (2) carried firearms in and around the residence and

management office; (3) violated several clauses, rules, and regulations stated in the lease; and (4)

violated two sections of the Housing Assistance Payments (HAP) Contract. Plaintiff requested that

the court grant it possession of the subject property and award it $2254 for past due rent plus court

costs, and any additional rent due to plaintiff through the date of judgment.

1 Because the defendants have the same last name, we refer to Michelle Saunders by her first name.

-2- No. 1-24-0323

¶5 The plaintiff attached to its complaint a copy of its notice of termination for a lease

violation other than nonpayment of rent dated August 18, 2023. The notice stated that the lease

would end in 10 days, and if the defendants were not moved out of the property by that date, the

plaintiff could file an eviction case against them. The plaintiff included a notarized certificate of

service averring that it personally served the notice on Michelle at the property on August 17,

2023.

¶6 Plaintiff also attached copies of two of Michelle’s leases and Michelle’s HAP Contract.

The lease clause that the defendants allegedly violated states that the tenant is liable for any damage

done to the premises as a result of the tenant’s direct action or negligence, The regulations that

the plaintiff alleged the defendants violated state that no cooking, baking, or similar activity was

permitted outside the kitchen area except when grills were allowed on an apartment balcony and

that any liability or loss arising from the use or operation of a grill would be borne by the tenant.

¶7 On October 12, 2023, the Office of the Sheriff of Cook County returned affidavits of

service stating it was unable to serve the defendants with the complaint and summons because the

subject property appeared to be vacant and under rehabilitation. On November 29, 2023, plaintiff

filed an alias summons for each of the defendants. On December 21, 2023, a special process server

filed affidavits of service stating that he served the alias summons and eviction complaint

personally upon Michelle and upon Marionna Saunders, Vernon Blackwell Saunders and

Unknown Occupants at their usual place of abode by leaving a copy of the alias eviction summons

and complaint with Michelle, a member of their household and mailing copies to each.

¶8 On January 9, 2024, the court entered an order stating that the defendants had been served

and continuing the case to January 23, 2024. The order also provided “Plaintiff to notify

-3- No. 1-24-0323

defendants.” The plaintiff’s attorney subsequently filed a certificate of service with the circuit

court executed by the attorney’s law clerk, stating that on January 9, 2024, she served the court’s

order on the defendants by separately mailing a copy of the order to each of them at the subject

property. The record includes copies of each envelope mailed to the individual defendants at the

subject property.

¶9 On January 23, 2024, the circuit court entered an order granting plaintiff possession of the

subject property. The written order states that it was entered “[b]y default (Defendants not in

court).” The order provides that the defendants must move out of the property on or before January

30, 2024, and if they failed to do so, the sheriff was ordered to evict them. In addition, the circuit

court entered a $2925 judgement in favor of the plaintiff and against the defendants for $2254 in

unpaid rent and $671 in court costs.

¶ 10 On February 13, 2024, Michelle filed her pro se appearance in this case and a notice of

appeal. On both documents, Michelle provided the address of the subject property as her address.

In her notice of appeal, Michelle stated that she was asking this court to “vacate the trial court’s

judgement.”

¶ 11 The record contains an affidavit from the sheriff’s office stating that on February 28, 2024,

a team of sheriff's deputies made a forced entry into the subject property. None of the defendants

were inside. The affidavit states that the subject property was “cleared” and possession was given

to the “receiver” and that the eviction was deemed complete.

¶ 12 On appeal, Michelle contends the circuit court erred in entering a default judgment against

her because she was not notified about the court date due to plaintiff omitting her contact

information from an unspecified document. Michelle’s brief consists solely of a lengthy statement

-4- No. 1-24-0323

of facts presenting her version of events. She states that on July 8, 2023, there was an accidental

fire at the subject residence. She immediately notified plaintiff and the Chicago Housing Authority

(CHA). Michelle states that on August 7, 2023, she engaged in a verbal argument with the owner’s

daughter regarding repairs to the property.

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Cite This Page — Counsel Stack

Bluebook (online)
2024 IL App (1st) 240323-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/searles-group-llc-v-saunders-illappct-2024.