Huber v. American Accounting Association
2014 IL 117293
| Ill. | 2014Background
- Huber filed a petition for judicial dissolution of American Accounting Association on August 11, 2011 in Sangamon County circuit court.
- In March 2013 the trial court dismissed the petition under 735 ILCS 5/2-619 after defendant’s motion to dismiss.
- Huber’s notice of appeal was due by April 5, 2013, but was not received by the circuit court clerk until April 9, 2013.
- Huber argued the envelope bore a clear postmark showing mailing on April 3, 2013, two days before the deadline, as proof of timely mailing.
- The appellate court dismissed for lack of jurisdiction because Rule 373 required proof of mailing by an attorney certificate or nonattorney affidavit, not merely a postmark.
- The Illinois Supreme Court affirmed, holding that a legible APC postage label does not constitute a valid postmark and that proof of mailing must satisfy Rule 12(b)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of notice of appeal | Huber asserts a legible postmark proves timely mailing. | Huber failed to provide required proof of mailing (certificate or affidavit) and APC label is not a postmark. | Notice untimely; APC label does not satisfy proof of mailing; Rules require proper mailing proof. |
Key Cases Cited
- General Motors Corp. v. Pappas, 242 Ill. 2d 163 (Ill. 2011) (timeliness of appellate notices; jurisdictional filing concept)
- Harrisburg-Raleigh Airport Authority v. Department of Revenue, 126 Ill. 2d 326 (Ill. 1989) (timeliness and jurisdiction; Rule 301)
- Chand v. Schlimme, 138 Ill. 2d 469 (Ill. 1990) (governs timing and de novo review of appeal timeliness)
- Secura Insurance Co. v. Illinois Farmers Insurance Co., 232 Ill. 2d 209 (Ill. 2009) (proof of mailing and accompanying documentation standards)