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MADISON - ST. CLAIR RECORD

Tuesday, May 7, 2024

Opal Group #1 sues Eric Barney for unpaid rent and eviction

State Court
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In the case of Opal Group #1, LLC, d/b/a Ashburn Court Apartments (Plaintiff-Appellee) vs. Eric Barney (Defendant-Appellant), the Appellate Court of Illinois upheld an eviction order. The court case ID is 23-EV-119 and was presided over by Judge Steven M.J. Bost on April 15, 2024.

Opal Group filed a complaint for eviction through attorney Webb H. Smith on March 16, 2023, alleging that Barney had not paid $7800 in rent for his apartment in Carbondale, Illinois. According to the complaint, Opal Group had served Barney with a five-day notice for nonpayment of rent amounting to $7200 on February 14, 2023.

On May 24, 2023, an eviction hearing was held via videoconference where attorney Smith filed an affidavit stating that attorney fees were $350 and court costs were $269.38. The court awarded possession of the apartment to Opal Group along with court costs and attorney fees.

The plaintiff sought possession of the subject apartment unit plus court costs and attorney fees from defendant Eric Barney who appealed pro se from the circuit court's order. Despite his appeal and emergency motion to vacate the eviction order, this court affirmed the eviction order due to insufficient evidence to support Barney's claims of error.

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