M. Loeb Corp. v. Brychek

Rehearing denied August 27, 1981. The defendants, Eugene W. and Henrietta P. Brychek, appeal from a summary judgment of foreclosure and sale entered in the circuit court of Cook County against them and in favor of the plaintiff, M. Loeb Corporation. On appeal they contend that: (1) the trial court erred in entering summary judgment because their pleadings and affidavits contradicted the plaintiff's allegations; (2) the trial court erred in striking their responsive pleadings and in entering summary judgment against them without first having ordered discovery; (3) the trial court's order staying discovery was null and void because it modified a prior discovery order without notice, motion or affidavit by the plaintiff; (4) the trial court abused its discretion in denying their motions for change of venue; and (5) the trial court abused its discretion in awarding $10,000 in attorneys' fees and costs in favor of the plaintiff under section 41 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 41).