2022 IL App (2d) 210179
Ill. App. Ct.2022Background:
- Waukegan Hospitality Group filed a verified eviction complaint against Stretch’s on September 1, 2020 seeking possession and money damages.
- Bench trial proceeded; at the close of plaintiff’s case on March 1, 2021 the trial court directed a finding for defendant; a written judgment was signed and entered March 2, 2021.
- Supreme Court Rule 272 made the judgment final on filing (March 2), so the 30‑day deadline to file a notice of appeal expired April 1, 2021.
- Plaintiff contends it electronically submitted and served its notice of appeal on April 1, but the circuit clerk rejected the filing and it was resubmitted and accepted April 6, 2021.
- Plaintiff did not seek relief from the trial court under Rule 9(d)(2) (good cause for rejected e‑filing) nor seek leave from the appellate court under Rule 303(d) within the required period.
- The appellate court held the earlier electronic transmission had no effect once rejected, the notice was effective only when filed April 6, and therefore the appeal was untimely and dismissed for lack of jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction over appeal | Notice was timely submitted/served April 1 and thus within 30 days | Filed April 6 (per clerk stamp), so outside 30‑day rule | No jurisdiction; notice was filed April 6 and untimely, appeal dismissed |
| Whether an e‑filed but clerk‑rejected submission on the deadline date can vest jurisdiction | E‑submission on April 1, later rejected by clerk; submission should be treated as timely | Rejection nullified filing; only accepted filing controls timing | Rejected e‑transmission has no effect absent timely motion for relief; plaintiff sought no relief, so untimely |
| Whether service on opposing party within 30 days suffices without clerk filing | Service to defendant April 1 made appeal timely | Service is distinct from filing; must file with clerk within 30 days | Service alone does not satisfy Rule 303 filing requirement |
Key Cases Cited
- Almgren v. Rush-Presbyterian-St. Luke's Medical Center, 162 Ill.2d 205 (1994) (appellate court must consider its jurisdiction before addressing the merits)