Schaffer v. Greenview Home Builders & Cabinetry Designers, Inc.

Illinois Appellate Court
Civil Court
Construction Contracts
Citation
Case Number: 
2020 IL App (2d) 190230
Decision Date: 
Wednesday, July 15, 2020
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BRIDGES

Plaintiff contracted with Defendant to build a new home, and alleges that Defendant did not complete the project and that there were deficiencies in the portions it did complete. Court entered summary judgment for bank and for inspector/appraiser. Plaintiff filed several postjudgment motions more than 30 days after entry of judgments. Court properly found that it lacked jurisdiction to rule on any pending postjudgment motions. Order had disposed of all remaining claims as to all remaining parties in the suit, and was thus a final order and immediately appealable. Plaintiff's unexercised right to reinstate or refile her claim against construction company president, and his bankruptcy filing, are not relevant to whether order was final, as Plaintiff had previously removed him from litigation.  As Defendants did not act inconsistently with the order or seek to set it aside, court was not revested with jurisdiction to hear any pending postjudgment motions. (JORGENSEN and HUDSON, concurring.)