Department of Health Care and Family Services v. Cortez

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2012 IL App (2d) 120502
Decision Date: 
December 7, 2012
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
McLAREN
Holding: 
Appeal dismissed in part and affirmed in part.
Record contains no indication that trial court's denial of father's claim for custody was a final order per Rule 304(a), and order stated that court did not have jurisdiction over mother for purposes of custody determination "at this time". Denial of custody was a dismissal without prejudice, not a permanent determination of custody and did not resolve custody of child. Thus, denial was not a final and appealable order per Rule 304(b)(6). (ZENOFF and BIRKETT, concurring.)