Illinois Court of Claims Opinions
Lapsed Appropriation
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Gomric & Kurowski v. State of Illinois

35 Ill. Ct. Cl. 876 Illinois Court of Claims Filed 1982-12-15 No. 83-CC-159
Disposition: (No. 83-CC-159-Claimant awarded $327.00.) Award: $327.00 Agency: Department of Children & Family Services
Cite as: Gomric & Kurowski v. State of Illinois, 35 Ill. Ct. Cl. 876 (1982)
Lapsed Appropriation 35 awarded 1980s Gomric & Kurowski v. State of Illinois 35 Ill. Ct. Cl. 876 1982-12-15 (No. 83-CC-159-Claimant awarded $327.00.) /opinions/v35-p1032-1/

GOMRIC & KUROWSKI,P.C.,Claimant, 2). THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment for attorney fees incurred in terminating parental rights for an adoption case. The court found the expenditure was properly authorized and reasonable, but the appropriation had lapsed, so it awarded $327.00.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. TYRONE C. FAHNER, Attorney General (WILLIAM E. WEBBER, Assistant Attorney General, of counsel), for Respondent.
  2. a77 I I
  3. LAPSED AppRopRiATioNs-attomey fees- claim allowed. Where claim for attorney fees for termination of parental rights in adoption case was not paid by Department of Children and Family Services because appropriation had lapsed for period during which debt was incurred, claim for total outstanding debt would be allowed.

The record in this cause indicated the purpose of the expenditure by the Department of Children & Family Services for which this claim was filed was for attorney fees for the termination of parental rights in an adoption case, and that the Attorney General has submitted a stipulation by Respondent based upon information forwarded to his office by said Department, as evidenced by the departmental report attached to the stipulation by Respondent .

Accordingly, this Court finds that this was a properly authorized expenditure at prices reasonable, usual and customary in the area where received. No part of this expenditure has been paid and the total outstanding is $327.00. Money was appropriated under appropriation and fund No. 001-41817-4400-05-00 of which appropriation sufficient funds for the payment of this obligation lapsed and were returned to the State Treasury.

The sole reason said claim was not paid is due to the lapse of the appropriation for the period during which the debt was incurred.

It is hereby ordered that the Claimant be awarded, in full satisfaction of any and all claims presented to the State of Illinois under the above captioned cause, the sum of three hundred twenty-seven and OO/lOO ($327.00) dollars.

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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