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1-09-2163

On August 14, 2009, the U-Haul entities filed a notice of appeal before this court.9

ANALYSIS

As an initial matter, the U-Haul entities assert in their brief before this court that they are

appealing only “the portion of the July 23, 2009 [o]rder granting the [m]otion for [g]ood [f]aith

[f]inding as to the complaint filed by [p]laintiff Elliott Cellini,” and are “not appealing the dismissal

of claims against Buffalo Grove brought by the [Forshalls] and Diamond *** because the [U-Haul

entities] have settled those claims.” Thus, the sole issue before this court on appeal is whether the

circuit court abused its discretion in granting Buffalo Grove’s motion for a good-faith finding, as it

relates to the $1 milllion settlement agreement entered into between Buffalo Grove and Cellini, and

in dismissing all claims against Buffalo Grove without holding an evidentiary hearing.

We review the circuit court’s decision under an abuse of discretion standard. Johnson v.

United Airlines, 203 Ill. 2d 121, 135, 784 N.E.2d 812, 821-22 (2003); Dubina v. Mesirow Realty

Development, Inc., 197 Ill. 2d 185, 192, 756 N.E.2d 836, 840 (2001). “An abuse of discretion

occurs when the ruling is arbitrary, fanciful, or unreasonable, or when no reasonable person would

take the same view.” Favia v. Ford Motor Co., 381 Ill. App. 3d 809, 815, 886 N.E.2d 1182, 1187

9On August 21, 2009, Wheeling also filed a notice of appeal before this court, appealing from the circuit court’s July 23, 2009 order granting Buffalo Grove’s motion for a good-faith finding (No. 1-09-2206). In March 2010, Wheeling’s appeal was dismissed for want of prosecution when Wheeling failed to file the record on appeal within the time prescribed by Supreme Court Rule 326.

It is represented in a brief before this court that Cellini has now settled with all defendants except Lewis and the U-Haul entities, and that the Forshalls and Diamond have settled with all defendants except Lewis. However, the instant appeal pertains only to the settlement agreement entered into between Cellini and Buffalo Grove, which is the subject of the circuit court’s July 23, 2009 order.

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