Publications

In re Marriage of Morgan

Illinois Appellate Court
Civil Court
Substitution of Judge
Citation
Case Number: 
2019 IL App (3d) 180560
Decision Date: 
Wednesday, May 29, 2019
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appeal dismissed.
Justice: 
SCHMIDT

Court denied Respondent's motion for substitution of judge for cause pursuant to Section 2-1001(a)(3) of Code of Civil Procedure. Court denied motion, stating in written 0rder that the "ruling is appealable pursuant to Supreme Court Rule 304 and other applicable rules." Order did not include the language "there is no just reason for delaying enforcement or appeal or both", and it was not clear that court intended to invoke Rule 304(a). Order was not a sufficient express written finding to invoke Rule 304(a).Denial of motion for substitution of judge for cause is an interlocutory order, is not final for purposes of appeal, and cannot be converted into a final order by inclusion of 304(a) language. (CARTER and McDADE, concurring.)