Sanelli v. Glenview State Bank

PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff was granted 21 days to file his brief in response to defendant’s motion to dismiss. Five weeks after his brief was due, plaintiff sought leave to file his response instanter, and such leave was granted by the trial court.

Defendant brought a motion for attorney fees based on plaintiff’s untimely filing, asserting as the statutory bases for his motion Supreme Court Rules 218 and 219(c) (73 Ill. 2d Rules 218, 219(c)) and section 5 — 118 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 5-118).

The trial court…