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eBook details

• Title: Miller v. Bloomberg
• Author : Illinois Appellate Court — Second District Judgment Affirmed
• Release Date : January 26, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiffs, Reinhard J. Miller, Susan Miller, William Berg, Jeanette Berg, and Tri-R Automotive Service Center, Inc. (Tri-R), filed suit seeking specific performance of an agreement to sell real estate pursuant to an option contained in a lease which they had entered into with defendants, George Bloomberg, Edith Bloomberg, Richard Bloomberg, and Marion Bloomberg. Summary judgment was granted in plaintiffs' favor and affirmed on appeal. (Miller v. Bloomberg (1975), 26 Ill. App.3d 18, 324 N.E.2d 207.) Upon remand, plaintiffs William Berg and Jeanette Berg sought to dismiss themselves as parties to the action and vacate the summary judgment on the basis of voidness. The trial court denied their motions, but this court reversed and remanded for an evidentiary hearing on the petition to vacate. (Miller v. Bloomberg (1978), 60 Ill. App.3d 362, 376 N.E.2d 748.) Plaintiffs Reinhard J. Miller and Susan Miller and Tri-R filed to reinstate the proceedings more than 2 2/3 years after the cause was remanded. Defendants filed a motion to dismiss in which one ground for dismissal was laches. The trial court dismissed the action with prejudice based on laches. Plaintiffs Reinhard J. Miller and Susan Miller appeal from that dismissal. William Berg, Jeanette Berg, and Tri-R, plaintiffs in the original, underlying action, are not parties to this appeal. The Millers raise two issues on appeal: (1) whether the trial court erred in failing to obey the mandate of this court, and (2) whether granting Bloombergs' motion to dismiss by the application of the equitable defense of laches was an abuse of discretion. The facts leading to the commencement of this lawsuit and occurring during the first two appeals are adequately set forth in our prior opinions (see Miller v. Bloomberg (1975), 26 Ill. App.3d 18, 324 N.E.2d 207, and Miller v. Bloomberg (1978), 60 Ill. App.3d 362, 376 N.E.2d 748), and thus we will only summarize them here.

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