O'HARE v. Moniak

MR. PRESIDING JUSTICE ADESKO

delivered the opinion of the court.

This is an appeal by the defendant, Charles Moniak, from an order of the trial court which imposed upon the defendant the obligation of paying to the plaintiff, Edward O’Hare, attorney’s fees incurred in the unsuccessful prosecution of the plaintiff’s lawsuit. The plaintiff had sought recovery from the defendant for property damage purportedly caused by the penetration of tree roots from defendant’s tree into the adjacent land of the plaintiff. The plaintiff’s action was dismissed for failure to state a cause of action, but the…