Edward Yavitz Eye Center, Ltd. v. Allen

Defendant, Joseph Edgar Allen, M.D., appeals the trial court’s denial of his petition for sanctions against plaintiff, the Edward Yavitz Eye Center, Inc. The trial court granted defendant summary judgment in plaintiff’s suit to recover money allegedly due under an oral loan. However, the court declined to impose sanctions against plaintiff for filing what defendant asserts was a baseless and improper lawsuit (see 134 Ill. 2d R 137).

On appeal, defendant argues that the trial court’s denial of sanctions was an abuse of discretion. He maintains that plaintiff and its attorney filed the suit with…