Wednesday, January 10, 2018

Illinois Appellate Court: Plaintiffs' Failure to Meet Deadlines for Filing Notice of Appeal and Late Notice of Appeal Resulted in Loss of Appellate Jurisdiction

By Kevin R. Malloy
Partner, Forde Law Offices LLP

In Vines v. Village of Flossmoor, 2017 IL App (1st) 163339, the First District reconsidered its granting of a Rule 303(d) motion for leave to amend a notice of appeal, and dismissed an appeal as untimely. In the case, a fourteen year old boy was injured when a metal grate outside the Flossmoor Library gave way, and his parents sued the Village of Flossmoor and the Flossmoor Library. The trial court granted summary judgment to the Village and the Library. The notice of appeal was due December 14, 2016, but the plaintiffs did not file until December 21.

Under Illinois Supreme Court Rule 303(d), the plaintiffs then had within 30 days after the time for expiration of the time to file the notice of appeal, or until January 13, 2017, to file a motion for leave to appeal. No Rule 303(d) motion was filed by that date. After the 30 days expired, the Library moved to dismiss the appeal for lack of jurisdiction, and the plaintiffs then filed a “Motion to Amend” the December 21, 2016 notice of appeal. A panel of the First District (other than the panel that issued the opinion) denied the Library’s motion to dismiss and granted the plaintiffs’ motion to amend the late-filed notice of appeal.

In its opinion, the appellate court reversed its grant of the motion to amend. In doing so, the court first noted its independent duty to review its jurisdiction and that the filing of a timely notice of appeal is both mandatory and jurisdictional. In reversing its prior decision to grant the Rule 303(d) motion, the appellate court noted that, under the plain language of the rule, the requested amendment fell outside the 30-day grace period for civil appeals. The court remarked that “[i]f litigation is to have some finality, acts must be accomplished within the time prescribed by law.” Vines, 2017 IL App (1st) 163339, ¶ 11 (quoting Gaynor v. Walsh, 219 Ill. App. 3d 996, 1004 (2d Dist. 1991)).

Friday, January 5, 2018

Don't Miss Out on the ALA's January Events

On January 18 and 25, the ALA will host its annual Illinois Supreme Court Criminal Cases Year in Review, featuring a panel discussion about the most significant criminal cases decided by the Illinois Supreme Court in 2017.

There will be two events, one in Chicago, co-sponsored by the Asian American Bar Association (January 18) and one in Wheaton, co-sponsored by the DuPage County Bar Association (January 25). Both events will feature retired Illinois Appellate Court Justice James Epstein and current Illinois Appellate Court Justice Joseph Birkett, as well as Leah Bendik, Illinois Assistant Attorney General, Criminal Appeals Division and Patrick Cassidy, Supervisor, Office of the State Appellate Defender. ALA Secretary Gretchen Harris Sperry will moderate the discussion.

The Chicago event will be held on Thursday, January 18, from noon to 1:45 p.m., at Hinshaw & Culbertson LLP, 222 North LaSalle St., Suite 300.

The Wheaton event will be held on Thursday, January 25, from noon to 1:45 p.m., at the Attorney Resource Center, 505 North County Farm Road, 3rd Floor.

Attendees should bring their own lunches and will receive 1.5 hours of MCLE credit.

For more information about any of the events and to register, please click here.

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Wednesday, January 3, 2018

"Cases Pending" Highlights Cases to be Heard During Illinois Supreme Court's January Term

Cases Pending, co-chaired by Gretchen Harris Sperry (left) and Catherine Basque Weiler, has been updated to discuss the Illinois Supreme Court's January Term, which begins Monday, January 8, 2018, with oral arguments scheduled for January 9-11, 2018. A total of 6 cases will be heard – 5 criminal and 1 civil.  The following cases are scheduled for argument this Term:

People v. Ricardo Vara, No. 121823: January 9

People v. Marc Pepitone, No. 122034: January 9

People v. Theophil Encalado, No. 122059: January 9

People v. Arthur Manning, No. 122081: January 10

People ex rel. Berlin v. Hon. Bakalis, No. 122435: January 10

Thounsavath v. State Farm Automobile Insurance Co., No. 122558: January 11

Below is a summary for one criminal case, People v. Theophil Encalado and one civil case, Thounsavath v. State Farm Automobile Insurance Co. Summaries for these cases and others pending with the Illinois Supreme Court can be found in our Cases Pending publication, accessible to ALA members on the ALA's website.

Tuesday, January 2, 2018

Appellate Law Employment: Clerkship with Justice Steigmann, Illinois Appellate Court, Fourth District

Justice Steigmann, of the Illinois Appellate Court, Fourth District, is seeking a judicial law clerk for his chambers located in Urbana, beginning February 15, 2018.

The law clerk will perform legal research, analysis, and writing and will review and assist in the drafting of judicial opinions, orders, and other legal documents. Qualified applicants must be graduates of an accredited law school, possess excellent academic credentials, and be members in good standing of the bar. The successful candidate will possess exceptional legal research and writing skills, excellent organizational and analytical abilities, and strong communication, decision-making, and interpersonal skills.

Preferred qualifications include an affinity for cats, as two cats call Justice Steigmann's chambers home, a pleasant demeanor, and a strong sense of humor. 

More information about the position and how to apply can be found here

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.

Friday, December 22, 2017

Appellate Court Justice John Schmidt's Funeral

Justice Schmidt's funeral will take place at 11:00 a.m. on Thursday, December 28, 2017 at Kirlin-Egan & Butler Funeral Home, 900 S. 6th St., Springfield. Burial will follow at Old Salem Cemetery.

There will be a visitation from 4:00 to 8:00 p.m. on Wednesday, December 27, 2017 at St. Agnes Church, 245 N. Amos Ave., Springfield.

Memorial contributions may be made to: Sacred Heart-Griffin Band Program, 1200 W. Washington, Springfield, IL 62702; St. Agnes Memorial Scholarship and Tuition Fund, 251 N. Amos, Springfield, IL 62702; or the Springfield Parks Foundation, 2500 S. 11th, Springfield, IL 62703.

For Justice Schmidt's obituary, please follow the link.

Tuesday, December 19, 2017

Appellate Court Justice John Schmidt Has Passed Away

The ALA regrets to inform you that Appellate Court Justice John Schmidt passed away Tuesday morning, December 19, 2017. 

Please click here for more information. 

Monday, December 4, 2017

Former Illinois Appellate Court Justice Robert Chapman Buckley Passed Away

Former Illinois Appellate Court Justice Robert Chapman Buckley passed away on Tuesday, November 28, at the age of 94. A funeral mass is set for 10 a.m. Tuesday at St. James Catholic Church in Arlington Heights.

Justice Buckley served on the appellate court from 1978 until 2002. More information about his life can be found in the Chicago Sun-Times and Legacy.com.

DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.