Background

• Plaintiff-appellant sued the City of Chicago and Detective Daly for willful and wanton conduct, agency, and negligence in an incident where Daly shot Wilson in a police interview room.
• A jury returned a verdict in favor of defendants after trial, with a special interrogatory finding Daly reasonably believed deadly force was necessary to prevent imminent harm.
• Wilson later died during the pendency of his appeal; plaintiff Manning, as special administratrix, continued the appeal on Wilson's behalf.
• The trial court granted extensions to file posttrial motions, culminating in a February 9, 2009 deadline for such motions, which Wilson failed to timely meet.
• The trial court ultimately denied Wilson’s posttrial motion; Wilson filed a notice of appeal on June 17, 2009.
• The appellate court dismissed the appeal for lack of jurisdiction because the trial court lost jurisdiction when the 30-day posttrial period expired without a timely extension entered.

Issues

Key Cases Cited

• Trentman v. Kappel, 333 Ill. App. 3d 440 (2002) (rules on 2-1202(c) time extensions are jurisdictional)
• In re Estate of Kunsch, 342 Ill. App. 3d 552 (2003) (extension timing must occur before deadline; no jurisdiction if not)
• Kwak v. St. Anthony De Padua Hospital, 54 Ill. App. 3d 719 (1977) (extensions not timely granted render motions nullities)
• Portock v. Freeman, 53 Ill. App. 3d 1027 (1977) (timeliness of posttrial motions governs jurisdiction)
• Lowenthal v. McDonald, 367 Ill. App. 3d 919 (2006) (laudably notes jurisdiction cannot be conferred by delay or agreement)
• Wierzbicki v. Gleason, 388 Ill. App. 3d 921 (2009) (revestment doctrine applicability requires active inconsistent participation)
• Ad- Ex, Inc. v. City of Chicago, 207 Ill. App. 3d 163 (1990) (void orders must be expunged; jurisdictional rules control)
• Sander v. Dow Chemical Co., 166 Ill. 2d 48 (1995) (trial court docket control does not override mandatory rules)