Justice DiVito stepped down from the Appellate Court in 1997, but continued to practice law for many years afterward. In later years, we were actually on opposite sides of an appeal (though there was no oral argument). On another occasion, DiVito attempted to mediate a convoluted coverage matter in which I was involved. It was a truly thankless task -- condominium cases can be quite bitter -- and a happy resolution was likely doomed from the outset because, pursuant to orders of court that I was unsuccessful in overturning, my carrier was effectively funding both sides of the litigation.
It is very difficult to persuade warring parties to make peace where the costs of their conflict are being picked up by others. In this, at least, what is true in global strategy is at least as true in the Circuit Court of Cook County. But I remember, and appreciate, Justice DiVito's efforts on that occasion.
Because he left the bench so long ago, it is quite likely that most FWIW readers would not have appeared before Justice DiVito in court. I did. One matter where I appeared in front of him comes immediately to mind. (He wrote the opinion ruling against me... but, then again, who didn't serve on the Appellate Court and rule against me at least once?) But my 'war stories' from that case don't really involve Justice DiVito. Therefore, having no really good anecdote of my own to share, let me instead refer the reader to the obituary posted on the Supreme Court's website and Justice DiVito's biography on his own firm's webste.
Requiescat in pace.
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