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eBook details

• Title: Bank of Aspen v. Fox Cartage
• Author : Illinois Appellate Court Second District Appeal Dismissed
• Release Date : January 27, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Petitioner, Bank of Aspen (Aspen), obtained a judgment in the State of Colorado against Fox Cartage, Inc., and David L. Thomas which was subsequently registered in Illinois in the circuit court of Kane County, and a new personal judgment was entered against Thomas for $147,628.25. Aspen then commenced supplementary proceedings to discover assets, and caused a citation to be issued by the circuit clerk of Kane County to the third-party respondent, Batavia Bank (Batavia), directing it to appear on October 9, 1985, and prohibiting Batavia from transferring or disposing of any property which it held belonging to Thomas. Batavia's emergency petition to quash the citation to discover assets was denied by the trial court, and Batavia brings this interlocutory appeal from that order pursuant to Supreme Court Rule 307 (87 Ill.2d R. 307). Batavia raises two issues on appeal: (1) whether the trial court erred when it refused to dissolve the ex parte citation injunction issued without notice, hearing, or bond, where Aspen had adequate remedies under the Illinois Commercial Code; and (2) whether section 2-1402 of the Illinois Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2-1402) violates the due process clause of the fourteenth amendment to the United States Constitution (U.S. Const., amend. XIV) when used to enjoin a third-party citation respondent. In its brief and in a separate motion to dismiss this interlocutory appeal, Aspen contends the order denying Batavia's emergency petition to quash the citation against it is not an interlocutory order appealable under Rule 307(a)(1) and the appeal should be dismissed.

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