After analyzing the record to find that TEC had waived any right to claim that there were separate funds in the single account, the Court observed:
During the argument on these issues, TEC argued that it did not freeze the account, PNC did. To say this argument lacks merit would be charitable. While TEC, in a very literal sense, is correct on “who” froze the account, the “why” is the more important issue. PNC froze the account because it received a letter from counsel for TEC which threatened to hold PNC liable if funds were disbursed.
The court finds, based upon this record, that the continued threat made to PNC Bank to hold it accountable if funds were disbursed and the continued attempt to collaterally attack the clear order of this court dated October 9, 2013 even after this case had run its course through the appellate process constitutes bad faith, is not grounded in fact or existing law and has resulted in needless, ongoing and expensive litigation.
Accordingly, the court grants the request of the Plaintiffs for fees incurred from December 30, 2014 onward pursuant to Supreme Court Rule 137.
There is much more to savor in the Court’s order. It is gratifying to have a trial judge (not the one who rendered the original Quincy decision) see so clearly through TEC’s bullying tactics, and to deal with them accordingly.
Read it all and make sure to follow the link to the full order.