Legal Memorandum: Standard of review for an order granting summary judgement when appealing

Issue: Under Illinois law, what is the standard of review on an appeal from an order granting summary judgment?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Standard of Review; Summary Judgement; De Novo
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

A court should grant summary judgment only where the pleadings, admissions on file, depositions and affidavits present no genuine issue of material fact, so that the movant is entitled to judgment as a matter of law. Ridenour v. Carl Sandburg Village No. 7 Condominium Ass’n, 402 Ill.App.3d 532, 535 (2010). In addition, a court reviews an order granting summary judgment de novo. Carney v. Donley, 261 Ill.App.3d 1002, 1005 (1994). Thus, a court may affirm the judgment on any basis, regardless of the circuit court’s reasoning.  Antonacci v. Seyfarth Shaw, LLP, 2015 IL App. (1st) 142372, ¶ 21.

Stobe v. West Bradley Place Condominium Assoc., No. 1-14-1427, 2016.IL.000207 (Feb. 3, 2016) (VersusLaw).

Date: March 1, 2016