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Articles Posted in Appellate Jurisdiction

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Rules After Remand; Jurisdiction Over Fee Petition After Appeal Notice Is Filed

Two important rulings arise from this landlord-tenant dispute. After remand from the appellate court — which did not include instructions for how to proceed — the tenant asked the trial court for leave to amend its complaint to add a new item of damages. The trial court denied the tenant’s…

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Illinois Election Board Tie Vote Dismissal Of Republican Party Complaints Reviewable By Appellate Court

The Cook County (Illinois) Republican Party filed eight complaints against various Democratic Party organizations and individuals asserting violations of the Illinois Election Code. The complaints were filed with the Illinois Board of Elections, which has eight members. The Board tied on each of the complaints, four to four, meaning there…

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Stay Of Insurance Declaratory Judgment Action Is Like An Injunction And Invokes Interlocutory Appellate Jurisdiction

WW Westwood Center sued Canel & Associates for legal malpractice. Canel tendered the defense of the lawsuit to it malpractice insurer, TIG Insurance Company. The tender inspired cross-claims by TIG and Canel for a declaratory judgment – TIG asked for a ruling that it did not have to defend or…

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Non-Intervening Account Holders May Appeal Receiver’s Plan To Distribute Assets

In response to a complaint by the Securities and Exchange Commission, the federal district court froze the assets of Enterprise Trust. The SEC claimed that Enterprise deliberately mishandled and lost millions of dollars that it held for investors. The district court appointed a receiver for Enterprise, who devised a plan…

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Seventh Circuit Has Jurisdiction Over Goldblatt’s Bankruptcy Remand

LaSalle Bank, the principal creditor in the Goldblatt’s Bargain Stores bankruptcy, claimed Great American Group committed fraud when it purchased inventory from Goldblatt’s stores that were closing. LaSalle had a security interest in the inventory, and was obliged to reimburse Great American for overpayment of the estimated inventory value. The…

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Default Order Not Final And Appealable

In this multi-count business dispute, Fidelity National Title Insurance sued a number of parties. The trial court granted summary judgment to defendants on all but one count of the complaint. A breach of contract claim still remained against Old Intercounty. About three weeks later, the trial court ruled that Old…

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Trial Court’s “Final And Appealable” Order Not Necessarily So

This mortgage foreclosure action reminds us that just because a trial court says its order is final and appealable, it’s not necessarily so. GMB Financial Group held a mortgage on property owned by Michele Marzano. GMB sued to foreclose on the mortgage. Michele did not timely enter an appearance in…

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No Appellate Jurisdiction Where Mailed Notice Of Appeal Unaccompanied By Affidavit

Secura Insurance Company had a coverage dispute with Farmers Insurance Company. Both companies made summary judgment motions. Farmers’ was granted; Secura’s was denied. Secura appealed. The company mailed its notice of appeal to the court on the deadline day to appeal, so of course the court did not receive it…

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Filing Notice of Appeal In Appellate Court Does Not Confer Appellate Jurisdiction

Gerald Swinkle was denied a job with the Illinois Liquor Control Commission. He filed a claim against the liquor commission in the Illinois Civil Service Commission. He charged that the liquor commission’s hiring practice violated a veteran’s preference provision in the Illinois Administrative Code. The Civil Service Commission ruled that…

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Representative Denied Permission To Correct Notice To Show Appeal For Entire Class

Michael Marrs, representing a class of similarly aggrieved employees, sued Motorola for violation of the Employee Retirement Income Security Act. After Motorola got a summary judgment, Marrs appealed. Marrs’s notice of appeal was filed timely, but it stated only that he was appealing. It did not state that he was…

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