Fifth District grants Brennan's appeal on $2 million bond
The Fifth District Appellate Court has granted Edward Brennan's motion to dismiss an appeal over a $2 million bond he was ordered to post after losing a bench trial to former partner Michael Constance.
Brennan's appeal argued in part that St. Clair County Associate Judge Andrew Gleeson lacked personal jurisdiction in ordering him in February to establish the bond in a restricted money market account.
The appellate court, in its May 15 ruling, also denied as moot Constance's motion to consolidate appeals.
Brennan had filed a notice of appeal Jan. 13 regarding Gleeson's decision that ordered him to pay Constance $1.6 million in a dispute arising from a $10.5 million settlement reached with tennis star Jimmy Connors.
Brennan also is appealing Gleeson's decision and seeking a judgment for himself.
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.
Constance sued Brennan in April 2010, claiming he did not receive a fair share of the settlement.
In a Dec. 16, 2011 ruling, Gleeson found Brennan had a duty to inform his partners about a tender of stock by Connors, and that Brennan refused to accept the offer.
Gleeson also found Brennan concealed the offer from his partners.
The trial ended Oct. 13, 2011.
Brennan and Constance had 30 days to appeal the judge's decision.
Constance is represented by Belleville attorney Bruce Cook.
Edward Kionka of Carbondale was listed on the appeal as Brennan's attorney. At trial, Brennan was represented by Jeffrey Muskopf and others.
The case is St. Clair County case 10-L-213.