delivered the opinion of the court:
The plaintiff, the Burnidge Corporation, appeals from the March 30, 1999, order of the circuit court of Kane County striking its “motion for clarification.” The plaintiff filed its “motion for clarification” more than 30 days after the trial court had entered a written order disposing of its complaint for declaratory judgment. On appeal, the plaintiff argues that its motion was not an attack on the trial court’s judgment and therefore did not have to be filed within 30 days from the date that the judgment was entered. We affirm.
On November 20, 1997, the plaintiff filed a complaint for declaratory judgment seeking a determination of its rights and obligations in connection with an 1872 deed that contained an easement granting a “right of crossing” across the plaintiffs land in Kane County. The defendant, Roscoe Stelford, Jr., owned property on either side of the plaintiffs lot and utilized the easement in order to move farm equipment across the plaintiffs land. The plaintiff sought to subdivide and develop its land for residential use and sought a legal determination as to the continuing validity of the easement.
In its amended complaint, the plaintiff sought a declaration that the easement had been extinguished because the defendant’s land was no longer landlocked. The plaintiff also requested that the defendant be enjoined from entering upon its property without permission. Alternatively, the plaintiff requested a declaration that the easement could be fulfilled by “allowing crossing along any path chosen by plaintiff, whether on paved subdivision street or otherwise.”
On February 2, 1999, following a bench trial, the trial court entered two written orders disposing of the plaintiffs complaint. In one order, the trial court found that the 1872 deed created an express grant of easement that had not been extinguished by the construction of public highways. The trial court found that the evidence had failed to identify the traveled track used as a crossing prior to December 6, 1872. However, the trial court found that the evidence did show the existence of an unimproved, unreinforced, grassy pathway used periodically by the owners of the dominant estate since the 1920s. This pathway proceeded from an established gate at the south end of the plaintiffs land to an identified gate at the northern end of the plaintiffs land. The trial court also found that, while the land in the vicinity of the easement was boggy and unsuitable for travel, the “grassy pathway followed a natural ridge which [did] permit the limited use granted in the easement.” As to the width of the easement, the trial court found that a pathway sufficient for two horses abreast was intended. The trial court therefore entered an order providing that the defendant had the right to cross the plaintiffs land on the “identified earthen pathway which follows a natural ridge between the two gates.”
In a separate written order, the trial court made findings as to the use of the easement. The trial court found that the easement was limited to a mere right of crossing by foot or by animal in a manner harmless to the plaintiffs property. As such, the trial court enjoined the defendant from bringing upon the easement any self-propelled motorized vehicle or from bringing upon the easement any inanimate apparatus that would cause harm to the soil or structure of the land. The trial court also enjoined the defendant from mowing, cutting, or otherwise intentionally altering the grasses, foliage, and other natural features of the property.
On March 4, 1999, the defendant filed a “motion for clarification.” In the motion, the defendant argued that the plaintiff had planted rosebushes along the easement that were impeding use of the easement. The defendant requested that he be given the right to trim the “non-natural growth along the easement which was clearly not contemplated in the 1872 deed.”
On March 23, 1999, the defendant filed a motion to strike the plaintiffs motion for clarification. The defendant argued that the plaintiffs motion was not filed within 30 days of the trial court’s entry of final judgment and was therefore untimely. Additionally, the defendant argued that the motion was an attempt to relitigate the relief already sought and denied in its original complaint. On March 29, 1999, the plaintiff filed a written response to the motion to strike, arguing that the trial court’s original order had not contemplated the possibility that the development of the plaintiff’s land would remove the problem of boggy soil and permit an alternate location for the pathway.
On March 30, 1999, following a hearing, the trial court granted the defendant’s motion and struck the plaintiffs motion for clarification. The defendant then elected not to proceed on his motion for clarification. The plaintiff subsequently filed a timely notice of appeal.
On appeal, the plaintiff argues that the trial court erred in striking its motion for clarification. The plaintiff argues that its motion was not an attack upon the correctness of the trial court’s February 2, 1999, judgment but merely a request for a clarification of the trial court’s findings. As such, the plaintiff argues that the motion was not governed by the 30-day requirement for filing posttrial motions contained in section 2 — 1203 of the Code of Civil Procedure (the Code) (735 ILCS 5/2 — 1203 (West 1998)). Rather, the plaintiff contends that the trial court retained jurisdiction to grant such additional relief as necessary. See 735 ILCS 5/2 — 701(c) (West 1998).
Section 2 — 1203 of the Code allows a party in a nonjury case to file a motion “for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief.” 735 ILCS 5/2— 1203 (West 1998). The statute requires that such a motion be filed within 30 days after the trial court’s judgment. 735 ILCS 5/2 — 1203 (West 1998). The trial court loses jurisdiction to vacate or modify its judgment 30 days after the entry of the judgment unless a timely post-judgment motion is filed. Beck v. Stepp,
In the instant case, the plaintiff did not file its motion to clarify within 30 days of the trial court’s judgment. Without a timely filed posttrial motion, the trial court was without jurisdiction to modify its February 2, 1999, judgment. Beck,
In an attempt to avoid the 30-day jurisdictional bar, the plaintiff asserts that its motion to clarify was not a posttrial motion within the scope of section 2 — 1203 of the Code because it was not directed against the trial court’s judgment. The plaintiff argues that its motion was instead a request for a clarification of the trial court’s findings. We disagree. A review of the
However, even if we were to accept the plaintiffs assertion that its motion was not directed against the trial court’s judgment, the plaintiff was nonetheless obligated to file its motion within 30 days. As already noted, a trial court loses jurisdiction over a case 30 days after the entry of the final judgment. See Rubly v. Edgar,
The plaintiff also asserts that because the trial court was sitting in equity, it had continuing jurisdiction to “do full and complete justice” and to adjudicate all matters in controversy. See Midway Tobacco Co. v. Mahin,
For the foregoing reasons, the judgment of the circuit court of Kane County is affirmed.
Affirmed.
BOWMAN, EJ., and INGLIS, J, concur.