Attorney Schmidt Secures Appellate Victory in Fifth District

Meyer Capel appellate attorney James J. Schmidt recently helped his clients defend the circuit court’s decision finding primarily in their favor on an adverse possession claim by their neighbor in front of the Illinois Appellate Court (Fifth District) and by way of a petition for leave to appeal to the Illinois Supreme Court.

Respondents’ neighbor filed a lawsuit alleging that he had adversely possessed a large swath of their yard. After taking the matter through the discovery phase and getting a summary judgment on one of the neighbor’s counts, Attorney Schmidt helped Respondents limit the neighbor’s claim to a small portion of the property he was seeking. He also helped them secure an order forcing the neighbor to remove all of the encroachments outside of that small portion of land.

After the results of the trial, the neighbor sought review of the circuit court’s decision in the appellate court. Attorney Schmidt successfully argued—first in his written briefs and then before the appellate panel chosen to hear the case—that the circuit court had properly examined the evidence, that the circuit court had made the appropriate credibility determinations, and that the neighbor had failed to meet his burden of proof. The appellate court agreed, affirming the circuit court.

The neighbor next filed a petition for leave to appeal to the Illinois Supreme Court. Relying on his experience as a former law clerk to Illinois Supreme Court Justice Rita B. Garman and as an appellate litigator, Attorney Schmidt filed an Answer in Opposition to that Petition, explaining why the Court should not grant it. The Court agreed, handing down a one sentence denial at the following term.

For the full appellate court decision (issued pursuant to Illinois Supreme Court Rule 23), see here: Poll v. Williams.

Every case is different, and the above example does not indicate or guarantee results in another case. If you have an issue that you think the trial court may have decided incorrectly or need to defend against an appeal by the other side, call Meyer Capel today to see if our attorneys can advise you as to the specific facts and circumstances involved in your case. This case summary was published with informed consent from the client referenced above.