Appellate Law

Dressed Up Abuse Standard For Review Of Sanctions Order

By Steven R. Merican

An unhappy customer sued an auto dealership, and the dealership?s incorporator. The incorporator moved to dismiss and for sanctions. The dismissal was granted, but the sanctions motion was denied. In affirming the denial of sanctions, the First District Illinois Appellate Court embellished the typical ?abuse of discretion? standard. ?On review, we must decide whether the trial court's decision was ?informed, based on valid reasons, and followed logically from the circumstances of the case.??

The whole case, Dismuke v. Rand Cook Auto Sales, No. 1-06-3000 (12/26/07), is available by clicking here.

Full post as published by Illinois Appellate Lawyer Blog on April 22, 2008 (boomark / email).