No. 2--07--0045 Filed: 11-4-08
APPELLATE COURT OF ILLINOIS
JP MORGAN CHASE BANK, N.A., as ) Appeal from the Circuit Court
Successor by Merger to Bank One, N.A., ) of Kane County.
v. ) No. 04--AR--1003
EARTH FOODS, INC., MICHAEL )
JARVIS, and THEODORE L. PETROVICH, ))
Defendants ) Honorable
) F. Keith Brown,
(Leonard S. DeFranco, Defendant-Appellant). ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Defendant Leonard S. DeFranco appeals the trial court's order denying his motion to dismiss
and granting summary judgment against him and in favor of plaintiff, JP Morgan Chase Bank, on
plaintiff's suit to recover from defendant as a guarantor of a defaulted loan. On appeal, defendant
argues that the trial court should have entered judgment in his favor based on section 1 of the
Sureties Act (Act) (740 ILCS 155/1 (West 2004)), that the trial court should have ruled in his favor
as a sanction for plaintiff's discovery violations, and that an order the trial court entered nunc pro
tunc to correct its original order should be considered invalid. For the reasons that follow, we affirm
the decision of the trial court in part, reverse in part, and remand for further proceedings.