Armstrong v. Guigler

In this case, we are asked to decide whether the 10-year statute of limitations for actions on a written contract (735 ILCS 5/13 — 206 (West 1992)), or the five-year statute of limitations for "all civil actions not otherwise provided for” (735 ILCS 5/13 — 205 (West 1992)), applies to a cause of action for breach of an implied fiduciary duty. A divided appellate court held that the implied duty at issue here was "created in a written document” and therefore the longer period of limitations controlled. 273 Ill. App. 3d 85. We granted leave to appeal (155 Ill. 2d R. 315) and now reverse the…