1Robert Jolly died during the pendency of the circuit court
proceedings. On October 19, 2006, the circuit court granted the
plaintiff's motion to amend the complaint to add Ms. Koshiyama,
as executrix of Mr. Jolly's estate, as a defendant.
Date Filed: June 10, 2008
LOUIS MANIEZ, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 05 CH 20618
CITIBANK, F.S.B., HARBOR DRIVE )
CONDOMINIUM ASSOCIATION and )
UNKNOWN OWNERS and NONRECORD )
CLAIMANTS, ) Honorable
) Darryl B. Simko,
Defendants ) Judge Presiding.
(Masayo Koshiyama and Robert )
JUSTICE HALL delivered the opinion of the court:
This case comes before us as a permissive appeal of a
certified question pursuant to Supreme Court Rule 308 (155 Ill.
2d R. 308). The plaintiff, Louis Maniez, filed a complaint to
foreclose a judgment lien against the defendants, Masayo
Koshiyama and Robert Jolly.1 The circuit court denied the
defendants' motion to dismiss but certified the following