Commonwealth Edison Company v. Munizzo

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120153
Decision Date: 
March 26, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
SCHMIDT
Holding: 
Affirmed.
The filing of a motion for leave to file a petition for Supreme Court Rule 137 sanctions with the proposed petition attached tolls the 30-day period for filing a notice of appeal following a final judgment in a small claims case, and the motion rendered the prior judgment "not final and appealable". Property owner, who was sued by ComEd for damages caused by power outage during excavation work, filed counterclaim, alleging that ComEd made material representations in its markings depicting that no underground cables were present. Court properly granted ComEd's motion in limine to bar arguments alluding to consumer fraud, as property owner is not a consumer as defined by the Consumer Fraud Act. (HOLDRIDGE and LYTTON, concurring.)