Absent entry of record of the court’s judgment on FXG’s motion for summary judgment, there was no judgment entered on the motion concerning count II. Entry of the formal written order on December 5, 2018, was when the judgment on count II was entered for purposes of appeal. Although on this date the court entered judgment on count II nunc pro tunc as of August 9, 2018, when an oral ruling was made, such an order cannot be used where no judgment was actually entered of record. Notice of appeal was timely filed, as it was within 30 days of December 5, 2018 written order. Court did not err in sua sponte striking initial complaint, as it was verbose and at times incomprehensible. Court primarily denied plaintiffs’ motion for a substitution of judge because it had made a substantive ruling by sua sponte striking their initial complaint, but, alternatively, because Plaintiffs were "testing the waters" and thus judge-shopping. Court correctly found count VIII time-barred under the discovery rule.(GORDON and LAMPKIN, concurring.)
Illinois Appellate Court
Civil Court
Motion for Substitution of Judge