Appellate Court of Illinois August 6, 2010, 2-09-0805 (Fleissner v. Fitzgerald)

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United States · · · 06-08-2010

JUSTICE BOWMAN

delivered the opinion of the court:

Plaintiff, Hans Fleissner, doing business as Hans Fleissner Builders, appeals the circuit court order dismissing his complaint on a motion filed by defendants, Timothy R. Fitzgerald and Tracy E. Fitzgerald, pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619(a)(9) (West 2008)). We reverse and remand.

I.

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