Grimes v. Salkley

              Filed 3/10/09 NO. 4-08-0336
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
DAVID GRIMES and WESLEY GRIMES,
Plaintiffs-Appellants,
v.
GILBERT SAIKLEY, Individually and as a
Member of Saikley, Garrison, Colombo &
Barney, LLC; and GEORGE WELLER,
Defendants-Appellees.
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Appeal from
Circuit Court of
Vermilion County
No. 07L28
Honorable
James R. Glenn,
Judge Presiding.
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JUSTICE MYERSCOUGH delivered the opinion of the court:
In March 2007, plaintiffs filed a two-count complaint
against defendants, Gilbert Saikley, individually and as a member
of Saikley, Garrison, Colombo & Barney, LLC; and George Weller,
the public administrator of Vermilion County. The trial court
granted defendants' motions to dismiss. In July 2007, plaintiffs
filed an amended complaint. Again, defendants filed motions to
dismiss and the trial court granted them; the court dismissed the
claims against Weller with prejudice. In February 2008, plain-tiffs
filed a second-amended complaint. In April 2008, the trial
court granted defendants' motions to dismiss. Plaintiffs appeal.
I. BACKGROUND
On March 18, 2005, plaintiffs and defendant George
Weller entered into an agreement to close the estate of Clarence
Grimes, plaintiffs' father. The agreement alleged the following