party seeks challenge (Illinois) · Go Syfert
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party seeks challenge in Illinois

7 Illinois opinions name it 1 courts 2015–2025 2 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
MB Financial Bank, N.A. v. Ted & Paul, LLCgreen
illappct · 2013 · cited in 3 Illinois opinions naming this issue, 2017–2019
2 sentences

2019There are, however, two exceptions to section 15-1509(c)’s bar: (1) where a party seeks to challenge the judgment as void due to lack of personal or subject matter jurisdiction (see MB Financial Bank, N.A. v. Ted & Paul, LLC, 2013 IL App (1st) 122077, ¶ 22 ; Deutsche Bank National Trust Co. v. Brewer, 2012 IL App (1st) 111213, ¶ 15 ); and (2) where a party may seek relief in the form of claiming an interest in the proceeds of the sale (735 ILCS 5/15-1509(c) (West 2016)). ¶ 13 The Taylors argue that the first exception is implicated here.

2017See MB Financial Bank, N.A. v. Ted & Paul, LLC, 2013 IL App (1st) 122077, ¶ 22 ; Deutsche Bank National Trust Co. v. Brewer, 2012 IL App (1st) 111213, ¶ 15 .

23

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Deutsche Bank National Trust Company v. Brewer green
illappct · 2012
2 sentences

2019There are, however, two exceptions to section 15-1509(c)’s bar: (1) where a party seeks to challenge the judgment as void due to lack of personal or subject matter jurisdiction (see MB Financial Bank, N.A. v. Ted & Paul, LLC, 2013 IL App (1st) 122077, ¶ 22 ; Deutsche Bank National Trust Co. v. Brewer, 2012 IL App (1st) 111213, ¶ 15 ); and (2) where a party may seek relief in the form of claiming an interest in the proceeds of the sale (735 ILCS 5/15-1509(c) (West 2016)). ¶ 13 The Taylors argue that the first exception is implicated here.

2017See MB Financial Bank, N.A. v. Ted & Paul, LLC, 2013 IL App (1st) 122077, ¶ 22 ; Deutsche Bank National Trust Co. v. Brewer, 2012 IL App (1st) 111213, ¶ 15 .

32017–2019
Evans v. Brown green
illappct · 2010
2 sentences

2015App. 3d at 251 , 925 N.E.2d at 1277 , this court explained the proper procedure to be used when a party seeks to bar the trial court from considering certain evidence for purposes of summary judgment.

2015App. 3d at 251 , 925 N.E.2d at 1277 , this court explained the proper procedure to be used when a party seeks to bar the trial court from considering certain evidence for purposes of summary judgment.

22015–2015
Taylor v. Bayview Loan Servicing green
illappct · 2019
1 sentence

2025Taylor, 2019 IL App (1st) 172652, ¶ 12 . ¶ 23 In the case at bar, Synosure did not make any argument in its opening brief with respect to section 15-1509(c) and makes such argument for the first time in its reply brief where it maintains that it can address the implications of the statute because it can always respond to arguments raised by the appellee.

12025–2025
The Sierra Club v. The Office of Mines and Minerals of the Department of Natural Resources green
illappct · 2015
1 sentence

2023Sierra Club v. - 13 - No. 1-22-1081 Office of Mines & Minerals of Department of Natural Resources, 2015 IL App (4th) 140405 , ¶ 24.

12023–2023

Statutes the citing opinions construe

IL § 735 ILCS 5/15-1509 (4) IL § 735 ILCS 5/15-1508 (3) IL § 735 ILCS 5/2-1401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 18 (2003–2025) CA 9 (2012–2024) FL 9 (1977–2023) IL 7 (2015–2025) TX 4 (2010–2020) GA 3 (2019–2025) TN 3 (2010–2026) AL 2 (2018–2018) NY 2 (2018–2025) WV 2 (2001–2006) NC 2 (1985–1995) RI 2 (1991–2002) OH 2 (2020–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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