In re Estate of Young

Illinois Appellate Court
Civil Court
Wills
Citation
Case Number: 
2020 IL App (2d) 190392
Decision Date: 
Monday, March 23, 2020
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Appeal dismissed.
Justice: 
JORGENSEN

Plaintiff filed will contest as to his deceased mother's will, and a separate multicount complaint. Court dismissed both cases for want of prosecution (DWP) and denied Plaintiff's motion to vacate the will contest. Plaintiff filed a motion to vacate the DWP within 30 days of the DWP order, and the court denied the motion; Plaintiff's 1-year refiling period under section 13-217 began to run on date that his motion was denied. The denial of his motion to vacate was not a final and appealable order, and appellate court lacks jurisdiction to consider the issues regarding the will contest. Court's DWP order as to Plaintiff's multicount complaint was not a final and appealable order, and appellate court lacks jurisdiction over the complaint. (McLAREN and HUTCHINSON, concurring.)