Voiland v. Warsawsky

Defendant, Samuel N. Warsawsky, appeals an order of the circuit court of Kane County denying his motion for an award of attorney fees pursuant to section 2 — 107 of the Civil Practice Law (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 107) based on allegations that plaintiff, Mary Voiland, fixed venue in this cause in Kane County in bad faith and without probable cause.

The only issue raised on appeal is whether the circuit court erred in failing to find bad faith and to award attorney fees to defendant.

Plaintiff filed her complaint in the small claims division of the circuit court of Kane County on…