A mother was found to be an unfit parent. In the best interest of her child, the mother’s parental rights were terminated. The mother appealed the unfitness finding. The State argued lack of appellate jurisdiction. The Illinois First District appellate court agreed it did not have jurisdiction. Here’s the court’s…
Dawn Marjetko obtained a default judgment in her divorce case. The trial court entered a judgment of dissolution, divided property, granted custody of the children, set child support, and barred maintenance. At the same time, the trial court “reserved” on child visitation, post-high school education expenses, and maintenance. Frank Marjetko…
A consulting firm got a default judgment in Maryland against an Illinois law firm. The consulting firm then petitioned to register the judgment in Illinois. The law firm moved to dismiss based on lack of jurisdiction of the Maryland court. The Illinois trial court denied the motion and ruled that…
The Seventh Circuit Court of Appeals dismissed an appeal by defendant prison guards for lack of jurisdiction. The guards first moved to dismiss the complaint based on official immunity. That motion was denied. Despite being interlocutory in character, denial of an immunity claim is appealable. But instead of appealing, defendants…
Dismissal of a complaint without prejudice is not appealable. It’s a common nonfinal interlocutory order. “However, the State may appeal an order dismissing an indictment for prosecutorial misconduct … even if the dismissal is without prejudice.” People v. Mattis, 854 N.E.2d 1149, No. 2-05-0586 (2006).
Can the Second District Appellate Court review an order issued by the First District? Sure, if it’s an interlocutory order, not law of the case. Here’s what the Second District said about this: “There is but one appellate court … Thus, a panel of the Second District of the Appellate…
Appeal from orders on post-dissolution of marriage petitions raises precarious problems. Suppose the court rules on a post-dis petition to modify maintenance, but leaves the child support-modification petition pending. Must you file your Notice of Appeal within 30 days of the maintenance ruling, or wait for a ruling on the…
Judge Posner wonders whether the 7th Circuit is these for requiring complete jurisdictional statements in a diversity case. He doesn’t think so, because: . . . the fact that limits on subject matter jurisdiction are not waivable or forfeitable — that federal courts are required to police their jurisdiction —…