2013 IL App (1st) 122523
Ill. App. Ct.2014Background
- Won contracted to buy a condominium; dispute arose over closing, earnest money ($63,550) and $975 in upgrade fees. Plaintiff won summary judgment on Jan. 19, 2012, awarding return of earnest money, upgrade fee and interest.
- Defendant filed a postjudgment motion to reconsider on Feb. 16, 2012. The court issued a Feb. 29 briefing schedule requiring the defendant to provide documents and appear at a clerk’s status call on April 5, 2012.
- Defendant failed to appear at the April 5 clerk status call; the court entered an order striking the postjudgment motion “with prejudice” on April 5, 2012.
- Defendant filed a late reply (Apr. 6) and filed a May 4 motion to set a hearing under Ill. S. Ct. R. 184; the court later set and heard the motion and denied reconsideration on July 26, 2012.
- Defendant filed a notice of appeal on Aug. 24, 2012. The appellate court dismissed the appeal for lack of jurisdiction because defendant did not timely move to vacate the April 5 strike order and the appeal was not filed within 30 days of the dispositive April 5 order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction over defendant’s appeal | April 5 strike order disposed of the postjudgment motion; defendant had to move to vacate that order within 30 days or appeal within 30 days of April 5 | The April 5 order was a scheduling/administrative strike (not a final disposal); defendant’s May 4 Rule 184 motion effectively reinstated the postjudgment motion and tolled appeal time | Held: No jurisdiction. April 5 order struck the postjudgment motion with prejudice and defendant did not timely move to vacate; notice of appeal was untimely. |
| Whether the May 4 motion reinstated the struck postjudgment motion | May 4 motion had no effect because the postjudgment motion was not pending (it had been struck) | May 4 motion to set a hearing was substantively equivalent to a motion to vacate and should reinstate the motion | Held: May 4 motion did not reinstate the motion; it never asked to vacate the strike and defendant was unaware of the strike within the necessary period. |
| Whether a strike entered after a clerk status call is equivalent to a strike after a hearing for jurisdictional purposes | Strike with prejudice is dispositive and starts the 30‑day appeal clock | Strike after a clerk status call was merely administrative and not dispositive | Held: The unambiguous April 5 order (struck "with prejudice") disposed of the motion for Rule 303 purposes; the court lacked jurisdiction after 30 days. |
| Whether courts should allow reinstatement of stricken postjudgment motions beyond 30 days | Permitting untimely reinstatements would allow successive postjudgment motions and undermine finality | Reinstatement may be appropriate when strike was administrative or ambiguous | Held: Finality controls; courts should not permit untimely resurrection of stricken postjudgment motions—defendant’s attempt would improperly extend time to attack a final judgment. |
Key Cases Cited
- Yazzin v. Meadox Surgimed, Inc., 224 Ill. App. 3d 288 (1991) (order striking a posttrial motion meant the motion was no longer pending and could not be refiled)
- Bell v. Hill, 271 Ill. App. 3d 224 (1995) (strict compliance with Supreme Court rules on appeal timing is mandatory; untimely appeals must be dismissed)
- Workman v. St. Therese Medical Center, 266 Ill. App. 3d 286 (1994) (trial court may vacate a strike order if motion to vacate is timely filed within 30 days)
- B-G Associates, Inc. v. Giron, 194 Ill. App. 3d 52 (1990) (order striking a postjudgment motion with prejudice made prior judgment final)
- Sears v. Sears, 85 Ill. 2d 253 (1981) (policy favoring finality: loser must appeal or give up)
- Chand v. Schlimme, 138 Ill. 2d 469 (1990) (postjudgment motions promote accuracy and reduce unnecessary appeals)
- Belluomini v. Lancome, 207 Ill. App. 3d 583 (1990) (context matters in construing strike orders; some strikes do not dispose of motions)