Consequences of Not Objecting to a Count During Summary Judgment Hearing

In Hollmann v. Putman, 260 Ill. App. 3d 737, 198 Ill. Dec. 672, 633 N.E.2d 134 (1994), defendant moved for summary judgment on two counts of plaintiffs' three-count complaint. Defendant's prayer for relief, nevertheless, requested that plaintiffs' entire cause of action be barred and, at the motion hearing, all three counts of the complaint were discussed. The trial court then granted summary judgment on all three counts. On appeal, plaintiffs argued that the court erred because defendant never moved for summary judgment on count III. The court concluded that plaintiffs waived review of this issue because they never objected during the summary judgment hearing to the court ruling on count III and the court further noted that arguments were held on all counts of the complaint. Hollmann, 260 Ill. App. 3d at 740.