2023 IL App (1st) 211609
Ill. App. Ct.2023Background:
- Sean Dailey sued defendants; after an initial dismissal he filed an amended complaint alleging breach of contract, which the trial court dismissed with prejudice on July 23, 2021.
- The 30th day to file a postjudgment motion fell on Monday, August 23, 2021 (August 22 was a Sunday).
- Dailey’s counsel contends he attempted to e-file a motion to reconsider on August 23 but the court’s electronic filing portal failed; counsel emailed the motion to the judge late that night and successfully e-filed the motion on August 24.
- On August 24 counsel also filed a motion for leave to file the motion to reconsider nunc pro tunc to August 23 (seeking backdating to the 30th day).
- The trial court denied the nunc pro tunc motion and the motion to reconsider for lack of jurisdiction, finding the postjudgment motion was filed one day late; the appellate record contains no report of proceedings.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could grant leave to file the motion to reconsider nunc pro tunc (backdate to the 30th day) after an alleged e‑filing system failure | Dailey: counsel attempted timely e‑filing on the 30th day but the court’s portal malfunctioned; good cause exists under electronic‑filing rules to backdate the filing | Defendants: the trial court lost jurisdiction after 30 days and therefore cannot backdate or consider an untimely postjudgment motion | Held: Court lacked jurisdiction to grant nunc pro tunc relief; the nunc pro tunc motion was dismissed and the motion to reconsider was dismissed as untimely |
| Whether the appellate court could reach the merits of the dismissal of the amended complaint | Dailey: the court erred in dismissing the amended complaint (merits challenge) | Defendants: appeal is untimely because no timely postjudgment motion tolled the appeal period; alternatively the dismissal was proper | Held: Appellate court lacks authority to address merits because no timely postjudgment motion tolled the appeal period; judgment affirmed and motion dismissed |
Key Cases Cited
- People v. Bailey, 2014 IL 115459 (Ill. 2014) (appellate court may review whether trial court had jurisdiction, but a court cannot decide the merits when it lacks jurisdiction)
- Foutch v. O'Bryant, 99 Ill. 2d 389 (Ill. 1984) (appellant bears burden to present a sufficiently complete record; gaps are construed against appellant)