In rе APPLICATION FOR A TAX DEED (Opal Castleman, Petitioner; Jerry Jean, Stewart Producers, Inc., Washington County Clerk, Evelyn M. Fair, Unknown Owners or Parties Interested, and Non-Record Claimants, Respondents; SI Resources, LLC, Section 2-1203 Petitioner-Appellant; William Groome, Intervenor-Appellee).
Docket No. 5-15-0517
Appellate Court of Illinois, Fifth District
November 22, 2016
2016 IL App (5th) 150517
Rule 23 order filed October 13, 2016; Motion to publish granted Novembеr 22, 2016.
Judgment Appeal dismissed.
Mindy S. Salyer, Amanda L. Moressi, and Brittney B. Rykovich, of Salyer Law Offices, LLC, of Chicago, for appellant.
Paul T. Slocomb, of Hoffman & Slocomb, LLC, of St. Louis, Missouri, for appellee.
JUSTICE MOORE delivered the judgment of the cоurt, with opinion. Presiding Justice Schwarm and Justice Goldenhersh concurred in the judgment and opinion.
¶ 1 SI Resources, LLC, appeals the November 16, 2015, order of the circuit court of Washington County which granted the intervenor, William Groome‘s, motion to dismiss pursuant to
FACTS
¶ 2 ¶ 3 On September 19, 2014, Castleman filed a pro se petition for tax deed in the circuit court of Washington County, naming the following respondents: Jerry Jean, Stewart Producers, Inc., Washingtоn County Clerk, Evelyn M. Fair, unknown owners or interested parties, and non-record claimants. The petition alleged that Castleman had purchased the delinquent real estate taxes with respect to all oil, gаs, and other mineral rights related to parcel No. 07-72-23-000-052-00, located in Washington County. According to the petition and the attachments thereto, the redemption period for these mineral rights expired on Fеbruary 25, 2015. The circuit court issued an order directing the issuance of the tax deed on March 4, 2015.
¶ 4 On April 2, 2015, SI Resourсes filed a petition, pursuant to
¶ 5 On July 1, 2015, Groome filed a motion to intervene in the litigation, allеging that he obtained a quit claim deed to the mineral rights in the subject property from Castleman, and the circuit court granted the motion to intervene that same date. On September 10, 2015, Groome filed a motion, pursuant to
ANALYSIS
¶ 6 ¶ 7 “As an appellate court, we have the duty to consider our jurisdiction to decide an appeal and to dismiss the appeal if we find that jurisdiction is lacking.” MidFirst Bank v. McNeal, 2016 IL App (1st) 150465, ¶ 12. In this case, SI Resources was not a party to the proceedings
“[i]n all cases tried without a jury, any party may, within 30 days after the entry of the judgment *** file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment of for other relief.” (Emphasis added.)
735 ILCS 5/2-1203(a) (West 2014) .
¶ 8 Illinois Suprеme Court Rule 303 (eff. Jan. 1, 2015) requires that a notice of appeal must be filed within 30 days of a final order, unless a “timely posttrial motion directed against the judgment is filed.” Here, SI Resources filed a motion to vacate the judgment within 30 days. However, by its express terms, section 2-1203 applies only to parties and does not allow nonparties to move for postjudgment relief. MidFirst Bank, 2016 IL App (1st) 150465, ¶ 31. Accordingly, SI Resources’ section 2-1203 motion was a nullity and was not a proper postjudgment motion which would extend the time period for filing a notice of appeal to 30 days after the order disposing of it. Id. Although SI Resources filed a notice of aрpeal within 30 days of the dismissal of its section 2-1203 motion to vacate, its erroneous filing of the motion did not extend the 30-day time period for appealing the March 4, 2015, order directing the issuance of the tax dеed. Id. No proper postjudgment motion having been filed, the order became final 30 days after it was еntered. Id. Accordingly, the November 24, 2015, notice of appeal was untimely and does not vest this court with jurisdiction over this appeal. Id.
CONCLUSION
¶ 9 ¶ 10 For the foregoing reasons, we dismiss this appeal for a lack of jurisdiction.
¶ 11 Appeal dismissed.