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Illinois Appellate Court Upholds Defense Counsel’s $21K In Attorneys Fees In Commercial Tenancy Dispute
A defense counsel’s award of over $21,000 in attorney fees in a commercial lease dispute was upheld in February by a three-judge panel for and Illinois appellate court, finding the plaintiff did not fully establish the shortfalls of the fee petition.
Justice Margaret Stanton-McBride of the First Appellate District in Illinois said the defendants’ co-counsel Drew Ball and Steve McCann of Ball and McCann in Chicago, provided proper evidence to support the Cook County Circuit Court’s $21,525 award. The pair defended Lorenzo Brown and Adrienne Green, as the owners Harold’s Chicken and Family, after plaintiff Marco Colin terminated the tenancy in November 2022. Colin claimed the defendants had a month-to-month tenancy and demanded the defendants vacate the space by December 2022, while the defendants claimed the lease with the prior owner entitled them to continue with their rate and tenancy until 2025.
Notably, the lease agreement also said that, if “a suit were brought for recovery of the premises,” the prevailing party would be entitled to costs incurred from the litigation, including “reasonable” attorney fees. Brown and Green prevailed in the trial court after a two-day bench trial, and the defendants sought $28,805 in attorney fees.
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