Schnack v. Crumley

Defendant appeals the trial court's denial of his motions for costs under section 41 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 41), which were filed in the trial court after this court reversed, without remand, a previous judgment against defendant for legal fees which plaintiff sought as a result of services rendered. A motion to dismiss the appeal for lack of jurisdiction, filed by plaintiff, was ordered taken with the case. The parties are well aware of the underlying facts surrounding this litigation and they need not be restated in detail here. The question before this court is one of procedure and concerns the ability of a trial court to entertain a motion for section 41 costs on behalf of a litigant who has obtained a reversal, without remand, of the underlying judgment on appeal.