KAUFMAN GRAIN Co, Claimant, v. THE STATE OF ILLINOIS, Respondent. ’
Case summary
The claimant sought $10,200 plus interest under a circuit court consent decree for an attorney fee dispute. The court approved the joint stipulation for settlement and awarded the amount plus statutory interest.
Statutes cited: Ill. Rev. Stat. 1987, ch. 127, par. 1014.1
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- NEIL F. HARTIGAN, Attorney General (F RANK A. HESS, Assistant Attorney General, of counsel), for Respondent.
- ATTORNEY FEES-fee dispute-joint stipulation-award granted. In the matter of a claim arising from an attorney fee dispute pursuant to the Illinois Administrative Procedure Act which was settled by a consent decree, an award was entered according to the parties’ joint stipulation for settlement, notwithstanding the fact that the Court of Claims is not bound by such agreements, since there was no reason to prolong the controversy, the parties entered into the agreement with full knowledge of the facts and the law, it was for a just and reasonable amount, and the Court had no reason to question the suggested award.
This cause comes before the Court on the parties’ joint stipulation for settlement which states:
This claim arises from an attorney fee dispute pursuant to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1987, ch. 127, par. 1014.1), which was [*291] settled, and by consent decree, reduced to judgment in the Sangamon County Circuit Court.
The parties have investigated this claim, and have knowledge of the facts and law applicable to the claim, and are desirous of settling this claim in the interest of peace and economy.
Both parties agree than an award of $10,200, pursuant to the circuit court order, is both fair and reasonable.
Claimant agrees to accept, and Respondent agrees to pay Claimant $10,200, plus statutory interest, in full and final satisfaction of this claim and any other claims against Respondent arising from the events which gave rise to this claim.
The parties hereby agree to waive hearing, the taking of evidence, and the submission of briefs.
This Court is not bound by such an agreement, but it is also not desirous of creating or prolonging a controversy between parties who wish to settle and end their dispute. Where, as in the instant claim, the agreement appears to have been entered into with full knowledge of the facts and law and is for a just and reasonable amount, we have no reason to question or deny the suggested award. '
It is hereby ordered that the Claimant be awarded $10,200.00 plus statutory interest, in full and final satisfaction of this claim.[*292]