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Rodriguez v. Hushka8/31/2001
UNPUBLISHED
Appeal from the Circuit Court of Cook County Honorable James P. McCarthy, Judge Presiding
Plaintiffs, Roberto Rodriguez, individually and on behalf of his minor child, Roby Rodriguez, brought this personal injury lawsuit against defendant Charles Hushka. The case proceeded to mandatory arbitration, and the arbitrators ruled in favor of Hushka. Within 30 days of this decision, plaintiffs filed a notice of rejection of the arbitration award but did not pay any fees. Plaintiffs' counsel presented to the clerk of the circuit court a copy of a signed certification that he was a civil legal services provider (C.L.S.P.) in support of the motion to waive the $200 fee in connection with filing the written notice of rejection. The clerk accepted plaintiffs' rejection of the arbitration award and stamped it "C.L.S.P." Defendants moved to strike plaintiffs' rejection of the arbitration award because of plaintiffs' failure to pay the fee of $200. The trial court granted the motion and entered judgment on the award. On appeal, plaintiffs argue that the trial court erred in holding that plaintiffs were required to pay the $200 fee in connection with filing a written notice of rejection of the arbitration award because plaintiffs' counsel filed a C.L.S.P. certification in compliance with the fee waiver provisions of section 5-105.5 of the Code of Civil Procedure. (735 ILCS 5/5-105.5 (West 2000)).
I. BACKGROUND
Plaintiffs filed this lawsuit on November 30, 1999. Plaintiffs' complaint alleged that on January 28, 1998, Hushka negligently drove his vehicle and collided with plaintiffs' vehicle, causing injuries to plaintiffs. In addition to the complaint, plaintiffs' counsel filed a signed certification that he was "a civil legal services provider." In the certification, which is entitled "Representation By Civil Legal Services Provider," plaintiffs' counsel indicated as follows:
"I Adam D. Ingber, a civil legal services provider have determined that Roberto Rodriguez is eligible to have all fees relating to filing, appearing, transcripts on appeal, and service of process waived because his income is 125% or less of the current federal poverty income guidelines, or he is otherwise eligible to receive civil legal services under the Legal Services Corporation Act."
The clerk of the circuit court waived plaintiffs' filing fees and stamped the certification and the complaint "C.L.S.P." The jury demand made by plaintiffs was similarly filed and stamped "C.L.S.P." Before mandatory arbitration of plaintiffs' case, the trial court consolidated plaintiffs' case with a property damage claim brought by Hushka's subrogee, Safeco Insurance Co. (Safeco). That lawsuit arose out of the same motor vehicle accident. The consolidated cases proceeded to arbitration. On August 15, 2000, the arbitrators ruled against plaintiffs on the claim against Hushka and in favor of Safeco in the amount of $6,108.06. On that same day, plaintiffs filed their written notice of rejection of the arbitration award. A copy of the "C.L.S.P." affidavit was provided to the clerk of the circuit court. The clerk stamped the front and back of the rejection notice "C.L.S.P." and filed it. Plaintiffs also filed a motion to waive the $200 fee in connection with filing the written notice of rejection of the arbitration award and a motion to amend their complaint. On September 7, 2000, the trial court continued both motions to October 6, 2000, the day the case was set for judgment on the arbitration award call. On October 6, 2000, the court entered a trial room assignment order. The court also set a briefing schedule on defendants' unfiled motion to strike plaintiffs' rejection of the arbitration
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