In re Commitment of DeSilvestro

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120563
Decision Date: 
October 25, 2013
District: 
3d Dist.
Division/County: 
LaSalle Co.
Justice: 
SCHMIDT
Holding: 
Appeal dismissed.
Court properly denied Respondent's "motion to dismiss pursuant to 2-1401(f)" State's petition to commit him, pursuant to Sexually Violent Persons Commitment Act. Section 2-1401 provides relief from final orders and judgments, not for dismissal of petition or complaint. No final orders or judgments have been rendered; a detention order, the DOC's actions in applying MSR, and an order denying a motion to dismiss are not final orders or judgments. (O'BRIEN, concurring; CARTER, specially concurring.)