Waggoner v. Waggoner

I believe the majority’s conclusion that plaintiff failed to prove the existence of fraud perpetrated by defendant on plaintiff is clearly in error. Accordingly, for the reasons stated below, I respectfully dissent in part.

Although the majority properly cites Lagen v. Lagen, 14 Ill. App. 3d 74, 302 N.E.201 (1st Dist. 1973), as the controlling authority, it fails to apply it correctly. Fraudulent concealment can be defined as the concealment of a material fact “done with the intention to deceive under circumstances creating an opportunity and duty to speak.” (Lagen v. Lagen, 14 Ill. App. 3d…