Harreld v. Butler

Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2014 IL App (2nd) 131065
Decision Date: 
Tuesday, December 2, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Appeal dismissed.
Justice: 
HUTCHINSON
Court entered order granting motion of city, the third-party defendant, to dismiss third-party complaint against it. Order did not contain Rule 304(a) finding. Third-party plaintiff filed notice of appeal, and then court entered agreed order, per "agreed motion to correct court's order of the dismissal order nunc pro tunc", "correcting the dismissal order nunc pro tunc. Record contains no indication that court had actually made a finding pursuant to Rule 304(a) or that order lacked a Rule 304(a) finding due to a clerical error. Thus, adding a Rule 304(a) finding is outside the power of a nunc pro tunc order, and appellate court lacks jurisdiction to hear appeal. (BIRKETT, concurring; ZENOFF, specially concurring.)