2016 IL App (5th) 150517
Ill. App. Ct.2017Background
- Castleman filed a pro se petition for a tax deed for mineral rights on Sept 19, 2014; circuit court ordered issuance of the tax deed on Mar 4, 2015.
- SI Resources acquired the mineral rights on Mar 27, 2015, after the court’s March 4 order.
- On Apr 2, 2015, SI Resources (not a party and not having sought to intervene) filed a postjudgment motion under 735 ILCS 5/2-1203 to vacate the March 4 order.
- William Groome intervened on July 1, 2015, claiming a quitclaim deed from Castleman, and moved to dismiss SI Resources’ 2-1203 petition under section 2-619.
- The circuit court granted Groome’s motion to dismiss on Nov 16, 2015; SI Resources filed a notice of appeal on Nov 24, 2015.
- The appellate court dismissed the appeal for lack of jurisdiction because SI Resources’ postjudgment motion was invalid as a nonparty filing and did not toll the 30-day appeal period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a nonparty may file a postjudgment motion under 735 ILCS 5/2-1203 to vacate a judgment and thereby toll the 30-day appeal period | SI Resources argued its 2-1203 motion to vacate was timely and preserved/extended the time to appeal the March 4 order | Groome argued SI Resources was not a party when the judgment was entered and section 2-1203 applies only to parties; thus the motion was a nullity | Held: 2-1203 applies only to parties; SI Resources’ motion was invalid and did not extend the appeal deadline, so the notice of appeal was untimely |
| Whether SI Resources should have intervened under section 2-408 to challenge the tax-deed proceedings instead of filing a postjudgment motion | SI Resources sought relief by motion to vacate the order | Groome and the court noted proper procedure is to seek leave to intervene during the pendency of the suit under 2-408 | Held: SI Resources failed to seek intervention; intervention must be sought during the suit, not by postjudgment motion, so SI Resources’ procedural route was improper |
Key Cases Cited
- In re Petition for Annexation of Unincorporated Territory to the Village of Palatine, 234 Ill. App. 3d 927 (Ill. App. Ct. 1992) (leave to intervene and timing requirements)
- In re Estate of Reemts, 383 Ill. 447 (Ill. 1943) (intervention must be sought during pendency of the suit)