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Docket Nos. 90185, 90186-Agenda 38-May 2001.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. 
PHILIP MORRIS, INC. (Hagen & Berman et al., Appellees).

Opinion filed October 18, 2001.

JUSTICE FREEMAN delivered the opinion of the court:

The questions presented for review are: (1) does a circuitcourt have jurisdiction to adjudicate an attorney's lien against theproceeds of a settlement where the State of Illinois was theplaintiff in the underlying action and where the settlement fundshave never come into the possession or control of the state; and (2)did the circuit court of Cook County abuse its discretion in thiscase by establishing an escrow account to hold disputed attorneyfees pending adjudication of an attorney's lien? We answer thefirst question in the affirmative. We do not answer the secondquestion because it is premature.

BACKGROUND

This cause is before us following a motion to dismiss pursuantto sections 2-619(a)(1) and (a)(9) of the Code of Civil Procedure(735 ILCS 5/2-619(a)(1), (a)(9) (West 1998)). In ruling on asection 2-619 motion to dismiss, the trial court may considerpleadings, affidavits, and other proof presented by the parties.Torcasso v. Standard Outdoor Sales, Inc., 157 Ill. 2d 484, 486(1993); Bloomingdale State Bank v. Woodland Sales Co., 186 Ill.App. 3d 227, 232 (1989); see generally 4 R. Michael, IllinoisPractice