Bergman v. Schlundt

The defendant, Paul J. Schlundt, appeals from an order of the circuit court which denied his motion to assess attorney fees against the plaintiffs, Robert D. Bergman and Linda M. Bergman, under section 2 — 1009 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1985, ch. 110, par. 2—1009). On appeal, the defendant contends that (1) under section 2 — 1009 of the Code, the circuit court had the power to assess reasonable attorney fees for plaintiffs’ failure to give notice of their voluntary nonsuit and (2) the circuit court’s refusal to assess attorney fees for the plaintiffs’ inexcusable…