Bank of America, N.A. v. Ebro Foods, Inc.

Justices Karnezis and Connors concurred in the judgment and opinion.

OPINION

In this appeal, plaintiff Bank of America, N.A. (Bank of America) challenges the circuit court’s dismissal of its complaint to enforce a defaulted loan and various guaranty agreements pursuant to section 2 — 615 and section 2 — 619 of the Code of Civil Procedure (735 ILCS 5/2—615, 2—619 (West 2008)). At the hearing on the motions to dismiss, defendant Daniel E Duffy (Duffy) argued that Bank of America did not possess a certificate of authority required by the State of Illinois to maintain a civil action in the state.…