Civil procedure — frivolous filing, improper fees

Posted July 22, 2016 12:44 PM

Where a defendant files a Section 2-1401 petition for relief, the trial court is not permitted to impose a fee for a frivolous filing, even if the petition is deemed frivolous.The 1st District Appellate Court vacated and remanded a decision by Cook County Circuit Judge Larry G. Axelrood.Francisco Arriaga was arrested and charged with possession of a controlled substance with intent to deliver as well as aggravated driving under the influence. On Aug. 10, 2012 Arriaga pleaded guilty and was sentenced to 10 years in prison …

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