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Mellon v. Coffelt

Case Date: 05/17/2000
Court: 2nd District Appellate
Docket No: 2-99-0243

Mellon v. Coffelt, No. 2-99-0243

2nd District, 17 May 2000

LAURA MELLON,

Plaintiff-Appellant,

v.

SALLY COFFELT, Clerk of the Circuit Court of Lake County, and JUDYBARR TOPINKA, Treasurer of the State of Illinois,

Defendants-Appellees.

Appeal from the Circuit Court of LakeCounty.

No. 98--CH--915

Honorable Wallace B. Dunn, Judge,Presiding.

JUSTICE GEIGER delivered the opinion of the court:

This appeal arises out of the trial court's dismissal of the plaintiff's complaint challenging the constitutionality of section 2--1009A of the Code of Civil Procedure, which imposes a surcharge on the filing fee in civil litigation to fund court-annexedmandatory arbitration. 735 ILCS 5/2--1009A (West 1998). On appeal, the plaintiff argues that section 2--1009A violates thefollowing clauses of the 1970 Illinois Constitution: the uniformity clause (Ill. Const. 1970, art. IX,