Ely v. Pivar

Illinois Appellate Court
Civil Court
Trusts
Citation
Case Number: 
2018 IL App (1st) 170626
Decision Date: 
Thursday, May 24, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Appeal dismissed.
Justice: 
BURKE

 Appellate court lacks jurisdiction to consider Plaintiffs' claims as to dismissal of first amended complaint and order denying leave to file amended complaint. Court dismissed claims without prejudice and granted plaintiffs the opportunity to replead with leave of court, but court did not include Rule 304(a) language in its order, and thus it was not an appealable order pursuant to Rule 304(a). Irrelevant that court entered a Rule 304(a) finding on order, entered 8 months later, denying Plaintiffs leave to amend. An order denying leave to file amended complaint is not a final judgment, even where circuit court makes a specific RUle 304(a) finding.(McBRIDE and GORDON, concurring.)