res judicata is applicable doctrine in Illinois

2001While the strict application of the doctrine of res judicata may be relaxed "where fundamental fairness so requires" ( People v. Somerville , 42 Ill. 2d 1, 4 , 241 N.E.2d 461 (1969)), it appears from the record that the Denaults never raised this issue before the trial court.

2001While the strict application of the doctrine of res judicata may be relaxed “where fundamental fairness so requires” (People v. Somerville, 42 Ill. 2d 1, 4 , 241 N.E.2d 461 (1969)), it appears from the record that the Denaults never raised this issue before the trial court.

1992Since the Act permits summary dismissals of non-meritorious petitions without an evidentiary hearing (People v. James (1986), 111 Ill. 2d 283, 292 ), and because we find that the defendant did not present any claim which was not barred by the doctrine of res judicata or waiver, we hold that the trial court’s decision was not erroneous.

1992App. 3d 443 , 491 N.E.2d 902 .) The doctrine of election of remedies applies when double compensation is threatened, plaintiff’s conduct has misled defendant causing defendant to change his or her position in reliance on it, or the doctrine of res judicata is applicable.

1992(Northern Trust Co. v. Aetna Life & Surety Co. (1989), 192 Ill.

1992Streams Condominium No. 3 Association v. Bosgraf (1991), 219 Ill.

1991Zambetta, 143 Ill.

1989(Smith v. City of Chicago (7th Cir. 1987), 820 F.2d 916 ; In re Marriage of Firestone (1987), 158 Ill.

1989(Smith v. City of Chicago (7th Cir. 1987), 820 F.2d 916 ; In re Marriage of Firestone (1987), 158 Ill.

1980That theory of argument overlooks recent law that denials of leave to appeal “of course, carry no connotation of approval or disapproval of the appellate court action.” (People v. Vance (1979), 76 Ill. 2d 171 , 390 N.E.2d 867, 872 .) It is indisputable that the case at bar is still in the appellate process and must be subject to current law as announced by the Illinois Supreme Court.

1980That theory of argument overlooks recent law that denials of leave to appeal “of course, carry no connotation of approval or disapproval of the appellate court action.” (People v. Vance (1979), 76 Ill. 2d 171 , 390 N.E.2d 867, 872 .) It is indisputable that the case at bar is still in the appellate process and must be subject to current law as announced by the Illinois Supreme Court.

1970City of Peoria v. Peoria City Lines, Inc., 24 Ill2d 457, 461, 182 NE2d 164 .

1896Smyth v. Neff, 123 Ill. 310 , has been cited and relied upon by appellee.