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• Title: Dayan v. Mcdonald's Corp.
• Author : Illinois Appellate Court — First District (1St Division) Judgments Affirmed and Cause Remanded
• Release Date : January 16, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Rehearing denied July 31, 1984. Plaintiff Raymond Dayan 1 appeals from two separate orders entered by the trial court — one awarding $1,842,905.38 in attorney fees and expenses to defendant McDonald's Corporation pursuant to section 2-611 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-611) and another awarding the defendant corporation $30,891.55 in costs. These fees and costs were taxed against plaintiff in connection with plaintiff's suit to enjoin McDonald's from terminating his restaurant franchise in Paris, France. After a lengthy trial, the circuit court denied Dayan's request for a permanent injunction and dissolved an existing preliminary injunction, holding Dayan's Paris operations breached the franchise agreement by failing to adhere to McDonald's quality, service, and cleanliness standards (QSC). Subsequently, the trial court entered orders taxing costs, fees and expenses against plaintiff, which resulted in the filing of two separate appeals. These appeals have been consolidated for review in the present case. A separate opinion has been issued in connection with plaintiff's appeal from the trial court's judgment denying the requested injunctive relief. (Dayan v. McDonald's Corp. (1984), 125 Ill. App.3d 972.) In affirming the trial court's judgment with respect to plaintiff's petition for a permanent injunction, we reviewed the history, background, and much of the evidence produced during 65 days of trial and will not repeat that analysis here.

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