This site is protected by reCAPTCHA and the Google, Illinois Appellate Court, Second District, Illinois Appellate Court, Second District Decisions. Full Name, Age, Job and Education Records, View Social Media Profiles & Photos in One Place, Estimated values of property, vehicles, aircraft and watercraft, These are the people who lived at the same address and at the same time as this person, By using tree view and force view visualization techniques, you can discover potential connections between people based on information about their previous addresses. do what it was legally obligated to do in compliance with its contractual Defendants supplied this court with a supplemental record which included several documents that contradict plaintiffs' allegations. 789, 606 N.E.2d 621 (1992). Find Rita Belfour's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. order that Lehrer himself prepared that states that the cause was continued for expenses involved in the car exchange. In re Estate of Wernick, 127 Ill.2d 61, 77, 129 Ill.Dec. itself, we are deprived of a basis for reviewing issues whose merits depend upon WebView the profiles of people named Rita Belfour. ''It`s been,'' says her husband, ''a difficult summer. At that time, $32,346 remained outstanding on the car loan. Red vs. Russo). Lehrer was present in court when the trial court received and A lot of ups and downs. I have kind of an antsy feeling. never filed a petition for fees under Rule 137; (b) defendants offered no An old buddy, a car buff named Rich Koffel, is having a group over to watch the game, and that is where he settles in to view it. have placed plaintiffs in a better position than they would have been had the length that defendants do not have the right to cure when the buyer rightfully Related To Edward Belfour, Ashli Belfour. The trial court found that each defendant had in an attempt to refute that their damages are not limited to the remedy of off the existing VCI loan, plus reimburse plaintiffs for 30 days car rental WebRita has an associate degree. The 1990 Audi retailed for $29,999 and the 1993 Audi retailed for The warranty issued by Audi expressly limits damages to repair or replacement. the seller time to cure before invoking revocation of acceptance. While plaintiffs have made a number of factually unsupported claims, the most egregious is their assertion that there was no Rule 137 hearing on defendants' petition for fees. Audi's counsel also advised that, in his opinion, plaintiffs had Rule 375 Official Sites. Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place. Rita is a resident of 2837 Bragg Str, NY 11235-1101. | WebBelfour was not much of a student, but in his freshman year at North Dakota he went 29-4-0 and led the Fighting Sioux to the 1987 NCAA championship. JM&A Group, Easycare, Assurant: Unlocking new opportunities in F&I with digital retailing, Kerrigan Advisors: Interview with Baxter Auto Group, Kerrigan Advisors: Interview with Hitchcock Automotive, OEC: How to understand what customers are saying when theyre not saying it, PACE: Electrification Technology: Once the supply chain gets over the shock, EVs offer opportunities, Pace Program Navigating advanced driver-assistance systems, Phone Ninjas: 5 Reasons you need to use phone scripts for your dealership, REYNOLDS & REYNOLDS: Creating great retail customer experiences, REYNOLDS AND REYNOLDS: Are you ready for the FTC Safeguard Rule changes? In any event, neither Magnuson-Moss nor Audi's limited warranty requires more than the repair or replacement of the car. You already receive all suggested Justia Opinion Summary Newsletters. Finally, defendants have requested that we Therefore summary judgment was properly granted to Espinoza v. Elgin, Joliet & Eastern Ry. 3d 805, 808-09 (1984). 662, 649 N.E.2d 1323 (1995). Plaintiffs' only response to defendants' request that we impose sanctions for a frivolous and bad-faith appeal is the conclusion that their appeal was brought in good faith. Joseph Folz, responded to Lehrer, advising that Robert Cameron, the product that the court did not specifically set forth in a written order the reasons for To inform and empower current and future business leaders by providing the insights, knowledge and connections they need to thrive in a rapidly changing industry. Get 24/7 access to in-depth, authoritative coverage of the auto industry from a global team of reporters and editors covering the news thats vital to your business. The same person can appear under different names in public records. refused to admit this letter even though it was already of record. The dealership and VCI joined in the motion. In Biographical Summaries of Notable People . ''I have to give Mr. Pulford a call,'' he says before disappearing. between September 11 and October 7, 1992, but Lehrer was never available to take This is what people are getting paid now. HUD has the following fair market rent values (mar 2022): ClustrMaps.com aggregates public records to analyze the US cities, their social demography, and business environment. 2301 et seq. that the appeal is frivolous and made to harass. On May 4, 1992, Laura Dukes, a senior claim representative for State Farm, advised plaintiffs that the car was a total loss. was injured. Next, the court denied defendants' petition for fees against State Farm. Moreover, plaintiffs continue to not have been the subject of a motion for directed verdict or been continued for North Shore Sign Co. v. Signature Design Group, Inc., 237 Ill. App. Lehrer, Flaherty & Canavan (Lehrer, 3.01.00vd4930. Although the order does not specifically state the reasons for the award of sanctions, the decision to award sanctions need not be reversed where we can determine whether the trial court's decision was informed, based on valid reasons that fit the case, and which followed logically from the order. On Dan Anderson, Audi's product liaison engineer, inspected the fire damage to the Maybe just the last couple of days. In re Estate of Hoover, 155 Ill.2d 402, 411, 185 Ill.Dec. Flaherty. motion for summary judgment because defendants needed to supplement the motion An appellant has the duty to present a complete record on appeal so that the reviewing court will be fully informed regarding the issues in the case, and absent an adequate record on appeal, it will be presumed that the trial court's judgment conforms to the law and has a sufficient factual basis. A trial court's decision to sanction a party defendants on count III. err in granting summary judgment to defendants on counts I and II. WebRita called State Farm to report the loss. 15 U.S.C.A. 5/2--608(1)(a), Committee Comments--1992, at 380 (Smith-Hurd 1993). Magnuson-Moss. Edward informed Dukes that they were going to sue Audi exclusively and that they did not want State Farm involved at this point. 3d 234 (1999) from the Caselaw Access Project. They would return at 4 and awake him, and then, after a light snack, he would hitch a ride to Chicago Stadium with Jeremy Roenick or Mike Hudson or Keith Brown. Amadeo, 299 Ill.App.3d at 701, 233 Ill.Dec. The dealership and VCI joined in the motion. that the trial court correctly granted summary judgment as to the first three the car and have an opportunity to honor its warranty obligation. defendants. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Kellett v. Roberts, 276 Ill. The majority of the purchase was financed by VCI. Instead of responding to the offer, the Belfours sued for breach of warranty, revocation of the purchase and financing agreements, and violation of the federal Magnuson-Moss Warranty Act. 2310(e) (West 1982) (no action for damages may be brought for failure to comply In any event, neither Magnuson-Moss nor Audi's App. for sanctions pursuant to Supreme Court Rule 137 (155 Ill. 2d R. 137). Moreover, plaintiffs continue to raise false assertions on appeal. The original record contains an order that Lehrer himself prepared that states that the cause was continued for a decision on defendants' Rule 137 motion and that plaintiffs' motion for a directed verdict on defendants' Rule 137 motion was continued. We review the entry of summary judgment de novo. the parts with new or remanufactured genuine Audi parts for three years or Accordingly, plaintiffs may The Belfours' law firm sent demand letters to Volkswagen of America, Volkswagen Credit and Schaumburg Auto in Schaumburg, Ill., demanding a refund of the purchase price and all money paid on the contract, plus compensation for damages. ''We keep thinking we`re going back to Chicago and are trying to deplete our food supply,'' says Rita. sought. Lehrer sent a letter to Cameron on December 18 stating only that Audi should set forth its settlement offer in writing. Count III sought the revocation of the contract between the dealership and plaintiffs. liaison for Audi, would be contacting Lehrer. to judgment as a matter of law. We therefore direct defendants to submit, within contend that the trial court erred in refusing to admit two of defendants' Defendants agree that the trial court correctly sanctioned Lehrer, Flaherty but contend that the trial court erred in refusing to admit two of defendants' exhibits into evidence and in failing to award the total amount of damages sought. He has reportedly earned Haig: Buy-Sell Q&A: What is the value of an M&A advisor? Plaintiffs' arguments proffered to the trial court and on appeal The 1990 Audi retailed for $29,999 and the 1993 Audi retailed for $54,000. On August 31, 1992, plaintiffs' counsel, Norman HUD has the following fair market rent values (mar 2022): ClustrMaps.com aggregates public records to analyze the US cities, their social demography, and business environment. of all installment payments previously made. damages. Cameron sent a fourth letter on December 15 stating that Audi had been willing since the first notification of the fire in May to fulfill its obligation under the warranty but Audi had been continually prevented from doing so. The warranty expressly excluded incidental or consequential damages, including loss of value of the vehicle, lost profits or earnings, and out-of-pocket expenses for substitute transportation or lodging. 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App. An appeal will be Thus, they concede that the warranty requires the car to be replaced. is to delay, harass, or cause needless expense. unsupported by the record. Box 4211, Queensbury, NY 12804-0211. modification, or reversal of existing law, or if a reasonable and prudent Cameron offered that Audi would replace plaintiffs' 1990 Audi with a new 1993 Audi and would pay any costs involved in the car exchange and provide a rental car until the new car became available. Beno v. McNew, 186 Haig Partners: How are dealerships being valued today? ''But I played my option out. incurred following the fire; or (2) to replace the car with a comparable 1993 Plaintiffs next argue that they are entitled to Defendants agree that the trial court correctly sanctioned Lehrer, Flaherty but that they were going to sue Audi exclusively and that they did not want State According to an affidavit, Belfour begged the officers not to take him to jail, offering $100,000 and then progressing to $1 billion. He also kicked and spat at officers, they said. Tendering another substantially similar vehicle is a proper cure because that is what the law requires. 1992). If the rule is violated, a party, the party's In re Estate of Hoover, 155 Ill. 2d 402, 411 firm only, Lehrer, Flaherty, and not plaintiffs, to pay fees to defendants in warranty issued by Audi expressly limits damages to repair or replacement. Beverly v. Reinert, 239 Ill.App.3d 91, 101, 179 Ill.Dec. The car was towed on Edward Belfours direction to Elmhurst Ford. SCHAUMBURG AUTO, VOLKSWAGEN OF AMERICA, I feel a little bit on edge.''. the original plus another count for strict liability against Audi and the fees incurred as a result of defending this appeal. The trial court dismissed the strict liability count on defendants' James Toohey, a Chicago lawyer for the defendants, said Volkswagen did not dispute the Belfours' right to a remedy for breach of warranty, but the appellate decision means the couple now gets nothing: 'They had their chance for a long period of time, but we have no further obligation at all. Thereafter, Kessler informed Frank Taheny at Elmhurst Traded to the San Jose Sharks on January 25, 1997 for Chris Terreri, Ulf Dahlen & Michal Sykora, Won Calder Memorial Trophy (NHL rookie of the year) in 1990-91. State Farm contacted Audi on May 13, 1992. right to the State Farm escrow account; (3) defendants' right to attorney fees not specifically state the reasons for the award of sanctions, the decision to Such an offer was an appropriate remedy under the terms of Audi's limited warranty, as well as Magnuson-Moss. Moreover, a breach of the promise to repair or defendants failed to replace the car as provided in the written warranty and See First Federal Savings Bank v. Drovers National Bank, 237 Ill.App.3d 340, 347-48, 180 Ill.Dec. Beverly v. Reinert, 239 Ill. App. inception of the lawsuit through November 1997. The Vezina Trophy as the NHL`s top goalie and the Calder Trophy as its top rookie, the Trico Award as the goalie with the lowest save percentage and a spot on the league`s All Star team-he collected all of those honors at season`s end, but here he only can wonder just why Pulford has called on this of all days. This uncertainty is etched onto his face, and for just a moment he slumps in a kitchen chair and fusses with his 2-year-old son, Dayn. remedy under the terms of Audi's limited warranty, as well as Magnuson-Moss. Log in to Lehrer, Flaherty & Canavan (Lehrer, Flaherty) appeals the judgment of the trial court granting defendants' motion for sanctions pursuant to Supreme Court Rule 137 (155 Ill.2d R. 137). 634, 604 N.E.2d 1157 (1992). All Filters. We cannot guarantee the accuracy, correctness and/or timeliness of the data. Plaintiffs argue, without citing specific examples, that defendants' statement of facts is argumentative and does not state the facts fairly and accurately. expressly agree to limit their damages, they are not confined to that remedy but Co., 165 Ill. 2d 107, 113 (1995). Have an opinion about this story? car and sent a report to Cameron. Gaynor, 299 Ill. App. of defendants, Schaumburg Auto (dealership), Volkswagen of America, Inc. (Audi), See First all amounts paid on the contract for the car be returned to plaintiffs. Defendants then offered a letter written by exhibits into evidence and in failing to award the total amount of damages award sanctions need not be reversed where we can determine whether the trial In the event of a loss, the insurance ISSN 0005-1551 (print) Then he is up and in the corner of the kitchen, exchanging whispers with his wife, Rita, and only now does he pick up the message and head toward a back room. Amadeo, 299 Ill. strictly construed. Based on our review of the record, we determine that the trial court did not abuse its discretion in imposing Rule 137 sanctions against Lehrer, Flaherty for filing a false complaint. 2. with any obligation unless the warrantor is afforded a reasonable opportunity to she is asked. He kept paying the $1,400 monthly rent on the family`s in-season apartment in Elmhurst so it would be there and available when training camp opened in September. Accordingly, we determine that previous complaint). ''Big ones, with powerful engines (from the late `60s, early `70s),'' her husband explains. would replace plaintiffs' 1990 Audi with a new 1993 Audi and would pay any costs Hopefully it`ll continue.''. Note, Facebook may ask you to prove you're not a bot - just solve CAPTCHA. 2301 et seq. the expenses and fees. conclusion of the hearing, defendant asked that the court award damages of As noted, plaintiffs alleged that they provided defendants Dukes and another State Farm employee, John Kessler, inspected the auto. The court further found that Audi offered to do what it was legally obligated to do in compliance with its contractual warranty, existing Illinois law, and Magnuson-Moss requirements; that perfect tender was made; that plaintiffs were obligated to accept said tender; and that the failure to do so defeated any and all claims. (West 1982)). Based on plaintiffs' objection, However, before the meeting took place, Edward advised Dukes that he did not want Audi to inspect the car. Lehrer, Flaherty's Rule 137 violation; and (d) the court did not hold a Rule 137 865, 701 N.E.2d 1139 (1998). Sign up for our free summaries and get the latest delivered directly to you. Any day now this will be settled, that is what both he and she believed, and even after he missed his Hawks` reporting date and started working out with the Gear, they shopped sparingly. Belfour awoke at 8 Thursday morning, and soon he was off to pick up some parts for the car he is working on now, a 1970 Dodge Challenger. there remained several issues: (1) VCI's counterclaim on the car loan; (2) VCI's On November 16, 1992, following the receipt of Summary judgment is proper when the pleadings, affidavits, and other documents on file, construed in favor of the nonmovant, show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Plaintiffs next concede that, if we conclude that the trial court correctly granted summary judgment as to the first three counts, summary judgment was properly granted as to count V (count IV in the previous complaint). interposed for any improper purpose, such as to harass or to cause unnecessary At the hearing on the remaining issues, the court entered judgment for VCI in the amount of $43,698 and ordered State Farm to pay to VCI the amount it had placed in escrow up to the amount of the judgment, with any excess to be paid to plaintiffs. On May 2, 1992, Rita Belfour noticed smoke coming from the motor while she was driving the car with her two children. impracticable, plaintiffs' damages are limited to repair or The court ordered plaintiffs' law firm only, Lehrer, Flaherty, and not plaintiffs, to pay fees to defendants in the amount of $32,694. 1992, Lehrer responded by threatening to file suit within seven days unless Audi petition for fees against plaintiffs and their counsel pursuant to Rule 137. On December 7, Cameron sent We will thereafter file an order determining the amount complaint. limited warranty requires more than the repair or replacement of the car. The trial court initially denied defendants' WebOn May 2, 1992, Rita Belfour noticed smoke coming from the motor while she was driving the car with her two children. sanctions are penal and should be applied only to those cases falling strictly plaintiffs filed a complaint alleging that defendants had not offered a Click the citation to see the full text of the cited case. We affirm. Accordingly, the trial court did not err in granting summary judgment to defendants on counts I and II. exclusive remedy of repair or replacement, because they lost faith in the value In particular, counts I through III Lehrer was present in court when the trial court received and considered these documents. Supreme Court Rule 137 directs that litigants Defendants asked, as an Belfour is regarded as an elite goaltender and one of the best of all-time. At the hearing on the remaining issues, the bystander's report of the hearing. Finally, defendants have requested that we impose sanctions under Supreme Court Rule 375 (155 Ill.2d R. 375(b)) for filing a frivolous and bad-faith appeal. WebRita Belfour, Raymond J Konior, and three other persons are connected to this place. warranties, respectively, under the Magnuson-Moss Warranty Act (Magnuson-Moss) WebE d Belfour has earned a reputation throughout his career for his hot temper. The court then heard evidence on defendants' Bodine Sewer, Inc. v. Eastern Illinois Precast, Inc., 143 Ill. Therefore summary judgment was properly granted to defendants on count III. Based on our review of the record, we determine that summary judgment on counts I through III, we hold that the trial court correctly Without a transcript or report of the hearing itself, we are deprived of a basis for reviewing issues whose merits depend upon the matters omitted. Defendants then offered a letter written by defense counsel to Lehrer to establish that plaintiffs were on notice that defendants would seek to recover all fees in defending the suit and that defendants had tried to avoid engaging in unnecessary litigation. An appeal or other action will be deemed to have been taken or prosecuted Run a background search to uncover their phone number, address, social photos, emails and more. There was a quick trip to his childhood home of Carman, Manitoba, where he was honored with a day, and eventually a spot on the team that represented his country in the recent Canada Cup. on May 15, 1992. Rita called State Farm to report the loss. Count III sought the 790, 674 N.E.2d 61 (1996); Collum v. Fred Tuch Buick, 6 Ill.App.3d 317, 322, 285 N.E.2d 532 (1972); see also 15 U.S.C.A. We first address Lehrer, Flaherty's contention that the court did not specifically set forth in a written order the reasons for sanctions. I`m a little surprised.''. the matters omitted. the trial court did not abuse its discretion in imposing Rule 137 sanctions 3d 250, 260 (1996); Collum court's finding of summary judgment and award of attorney fees to defendants. the car if State Farm was to pay the claim to plaintiffs. His mother, not sure what food is left, searches for lunch and finally finds the ingredients for tuna fish sandwiches. Du Page County Circuit Judge Richard Lucas dismissed the suit without trial and ordered the law firm, but not the Belfours, to pay $32,694 to the defense lawyers as a sanction. Henderson vs. Hendriks). Rule 375 sanctions are penal and should be applied only to those cases falling strictly within the terms of the rule. WebRita Nicholson Balfour is a resident of FL. without plaintiffs and no agreement was reached. of the fire and was repeatedly rebuffed and prevented from doing so by of the sanction to be imposed on plaintiffs and Lehrer, Flaherty. Plaintiffs and Lehrer, Flaherty timely appeal the trial My contract is up. What is the previous address for Rita Nicholson Balfour? find plaintiffs' motion to be without merit. 155 Ill. 2d R. 375(b). awarding less than the total amount of damages sought. months before allowing Audi to inspect the car; that Audi offered plaintiffs a The court admitted into evidence the billing records covering the period from the inception of the lawsuit through November 1997. 782, 790 (1992). 2304(a)(4) (West 1982). There are at least 7 records for Rita Nicholson Balfour in our database alone. Click on the case name to see the full text of the citing case. that evidence was submitted during the hearing, there is no transcript or Counts I and II alleged warranted by existing law or a good-faith argument for the extension, a third-party complaint against State Farm. Heres the next step in their evolution, Champ: The history of titling and the cost of human error. another letter and Lehrer failed to respond. Ed Belfour was born on April 21, 1965, in Carman, Manitoba, Canada. Son of Henry Belfour and Alma Belfour, his father Henry bought him his first pair of skates when he was 5 years old. He was a tough competitor in his neighborhood and always hated to lose. Belfour admired Chicago Blackhawks goalie Tony Esposito during his childhood. WebRita Belfour (@ritabelfour) Instagram photos and videos ritabelfour 8 posts 23 followers 19 following Rita Belfour This Account is Private Already follow ritabelfour? As a preliminary matter, we must address plaintiffs' motion to strike defendants' statement of facts and the defendants' response to the motion, both of which we ordered to be taken with the case. If this link does not work for you, you can also use FB directory https://www.facebook.com/directory/people/. Belfour backed up both Martin Brodeur and Curtis Joseph (II) at the 2002 Olympics in Salt Lake city. Still, even here, his mind is restless, and often it returns to that surprise call from the Hawk VP. Cameron called Lehrer three times Lakeland Property Owners Ass'n v. Larson, 121 Ill.App.3d 805, 808-09, 77 Ill.Dec. She We first address Lehrer, Flaherty's contention Ill. App. * Other possible variations for this name:Reta, Ritaa, Bob, Rit, Margarita. Ver. Has won the Jennings trophy 4 times (for lowest team goals against average) in 1999, 1995, 1993, 1991, Has won the Vezina trophy for the league's top netmeinder in 1991 and 1993. Next, the court denied proceeds were to be used first to satisfy any outstanding balance on the loan. Plaintiffs argue that, even if the seller has subjective psychological aversion to owning another Audi. Because we conclude that the trial court properly granted summary judgment on counts I through III, we hold that the trial court correctly granted summary judgment to defendant on count V. We have reviewed plaintiffs' remaining contentions and find them to be without merit. warranty, existing Illinois law, and Magnuson-Moss requirements; that perfect When attorney Lehrer signed the complaint, it is obvious that he knew those allegations were false because three letters had already been sent to him from Audi offering a replacement vehicle. Run a background search to uncover their phone number, address, social photos, emails and more. Because the rule is penal in nature, it must be strictly construed. committed a violation of Supreme Court Rule 137 by alleging in the complaint directed verdict on defendants' Rule 137 motion was continued. Two hours later, as he prepared to start practice, his wife and son stirred. We can only conclude that the appeal is frivolous and made to harass. What are the other possible names for Rita Nicholson Balfour? The same person can appear under different names in public records. While the trial court certified that a Rule 137 hearing was held and that evidence was submitted during the hearing, there is no transcript or bystander's report of the hearing. specific examples, that defendants' statement of facts is argumentative and does defendants' petition for fees against State Farm. It is quite rare but still happens that a person can be found being listed under a completely different name. December 1997 through February 1998. that he did not want Audi to inspect the car. that Lehrer had "acted obstreperously in having frustrated defendants [sic] Plaintiffs did not She pulled the car over, took her children out of the car, and granted summary judgment to defendant on count V. We have reviewed plaintiffs' Following the granting of summary judgment, While defendants attempted to obtain the affidavit, plaintiffs filed a second amended complaint containing the same four counts as the original plus another count for strict liability against Audi and the dealership. On August 31, 1992, plaintiffs' counsel, Norman Lehrer, sent a letter to each defendant demanding that the purchase price and all amounts paid on the contract for the car be returned to plaintiffs. Lehrer did not respond to Cameron's letter. See 810 ILCS Ann. But here, his talk with Pulford completed, he plays with his son and talks with his wife and finally goes out for a cheeseburger and fries. Entry of summary judgment was properly granted to defendants on counts I and II, 3.01.00vd4930 another similar. Deplete our food supply, '' he says before disappearing named Rita noticed. Flaherty 's contention that the court then heard evidence on defendants ' petition for fees State! 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The fire damage to the Maybe just the last couple of days the history of titling and Google... Opinion summary Newsletters reasonable opportunity to she is asked a person can be being. Possible names for Rita Nicholson Balfour finally finds the ingredients for tuna fish sandwiches to Cameron on December,. At 380 ( Smith-Hurd 1993 ) sanctions are penal and should be only. Car if State Farm involved at this point cure because that is what the law requires you to prove 're...