In re Estate of York 

Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2015 IL App (1st) 132830
Decision Date: 
Tuesday, March 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Dismissed and remanded.
Justice: 
PUCINSKI
Respondent to citation to recover assets failed to timely file a response brief or seek extension of time to file one. As Respondent failed to show good cause for failure to timely file motion or seek extension of time, appellate court considered appeal on Appellant's brief only. Respondent's argument that she failed to file timely response because she believed lack of jurisdiction was "obvious" is insufficient to excuse failure to timely file or to seek extension of time. Executor failed to file proper notice of appeal, raising only dismissal of Count I under Section 2-615 in substance of her notice of appeal. Thus, appellate court is without jurisdiction to review dismissal of count I pursuant to Section 2-619, and without jurisdiction to review order denying Executor's motion to strike Respondent's affidavit, as affidavits cannot be considered on Section 2-615 dismissals. (LAVIN and HYMAN, concurring.)