Brennan appeals Gleeson's decision over share of $10.5 million settlement

Christina Stueve Jan. 20, 2012, 2:36am


Attorney Edward Brennan filed a notice of appeal to St. Clair County Associate Judge Andrew Gleeson's decision ordering him to pay former law partner Michael Constance $1.6 million in a dispute arising from a $10.5 million settlement reached with tennis star Jimmy Connors.

The appeal filed Jan. 13 was news to Mike Constance on Thursday, who admitted it was nothing new.

"It's what everyone says in one of these cases when they lose, and they want an appeal," Constance said over the telephone.

The notice says Brennan is appealing the case with hopes the appellate court will reverse Gleeson's decision and order a judgment for him.

The Belleville firm Brennan, Cates & Constance, which dissolved in 1998, had represented Connors on various matters including his relationship with the Alton Belle Casino. The firm had reached an agreement with Connors in 1992 in which Connors agreed to pay the partners 20 percent of the money he received in the Alton Belle and Argosy venture, according to court records.

Constance sued Brennan in April 2010, claiming he did not receive a fair share of the settlement.

In his Dec. 16 ruling, Gleeson found Brennan had a duty to disclose to his partners that there had been a tender of stock by Connors, and that Brennan refused to accept the offer.

Gleeson also found Brennan concealed the offer from his partners.

Gleeson presided over a contentious six-week bench trial that ended Oct. 13.

Brennan and Constance had 30 days to appeal the judge's decision.

"This is no big deal, it's the way things go," Constance said.

Constance is represented by Belleville attorney Bruce Cook.

Edward Kionka of Carbondale was listed on the appeal as Brennan's attorney.

Brennan and Kionka could not be reached for comment.

The case is St. Clair County case 10-L-213.

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