Voga v. Voga

              No. 2--07--0176 Filed: 11-5-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
LARRY L. VOGA, as Special Representative ) Appeal from the Circuit Court
of LeRoy Voga, Deceased, ) of De Kalb County.
)
Plaintiff-Appellant, ))
v. ) Nos. 98--D--241
) 99--L--32
LYLE VOGA, )
)
Defendant ) Honorable
) James Donnelly,
(Teresa Voga, Intervenor-Appellee). ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
LeRoy Voga sued Lyle Voga, his son, to recover debts. After the trial court awarded LeRoy
a judgment, intervenor, Teresa Voga, petitioned to quiet title to real property that she and Lyle had
held in joint tenancy but to which she received full title under a judgment dissolving her marriage to
Lyle. Teresa sought to prevent LeRoy from levying on the property. After various proceedings, the
trial court granted Teresa summary judgment (735 ILCS 5/2--1005(c) (West 2006)). Shortly
afterward, LeRoy died, but his attorney moved to vacate the summary judgment. The trial court
appointed Larry Voga, LeRoy's other son, as the special representative of LeRoy's estate for this
litigation. The court then denied the motion to vacate. Larry now appeals. We affirm.