Thursday, June 12, 2008

caselaw update

Civil - 2-1401 Motions/ Dissolution Of Marriage / Attorney’s Fees 1st Dist.
Engel v. Loyfman, No. 1-07-1468 (June 6, 2008) 6th div. (Mcbride) Reversed and remanded.
Because trial court misconstrued the concept of subject matter jurisdiction when it allowed former client’s motion to vacate agreed judgment for attorney’s fees because complaint was filed within 90 days of order allowing attorney to withdraw, its order must be reversed and remanded. Although motion sufficiently demonstrates basis for vacating order, on remand, court must consider whether attorney’s affidavits provide a sufficient response to client’s motion; and conduct evidentiary hearing if it does

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