(Nos. 84-CC-3559,85-CC-0380cons.-Claimant awarded $300.00.) ALFREDO VARCASand CECIL CALVERT ODOM,Claimants, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant Cecil Calvert Odom requested a hearing to review a prior judgment awarding $300. The court denied the request because the claimant failed to file a timely petition for rehearing as required by court rules, and ordered the $300 draft reissued.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Cecil Calvert Odom. NEIL F. HARTIGAN, Attorney General (JOHN BUCKLEY, Assistant Attorney General, of counsel), for Respondent.
- PRACTICE AND PRocmum-rehearing petitions-requirements. Pursuant to section 790.220 of the rules of the Court of Claims, a party seeking a rehearing must file six copies of a petition for rehearing with the clerk of the Court of Claims within 30 days after the filing of the opinion in the case, and the petition must briefly state the points which were allegedly overlooked or misapprehended by the Court, with supporting authorities and suggestions.
- SAME-petition for rehearing denied-requirements o f section 790.220 not followed. The Claimant’s request for a hearing in review of a judgment resulting in the payment of $300 in full and complete satisfaction of the Claimant’s complaint was denied, since the Claimant’s request for a hearing did not comply with the requirements of section 790.220 of the rules of the Court of Claims pertaining to petitions for rehearing.
1 This cause coming to be heard upon Claimant Cecil Calvert Odom’s request for hearing in review of the judgment entered December 19, 1988, the Court being fully advised in the premises finds: 1. That on December 21, 1988, a letter from Chloanne Greathouse, deputy clerk, and a check in the amount of $300 was sent to Cecil Calvert Odom and Louis E. Neuendorf & Associates; 2. That on January 23,1989, Claimant Cecil Calvert Odom filed with the Court of Claims a letter requesting a hearing and a review of the judgment entered; 3. That section 790.220 of the rules of the Court of Claims (74 Ill. Adm. Code 790.220) states: “A party desiring a rehearing in any case shall, within 30 days after the filing of the opinion, file with the Clerk 6 copies of his petition for rehearing. The petition shall state briefly the points supposed to have been overlooked or misapprehended by the Court, with authorities and suggestions concisely stated in support of the points.” 4. That Claimant failed to comply with said rule.
It is therefore ordered: Claimant’s request is denied and the judgment entered on December 19,1988, remains in full force and effect; a draft in the amount of $300 shall be reissued, said amount being in full and complete satisfaction of Claimant’s complaint.