Stanila v. Joe

Illinois Appellate Court
Civil Court
Appellate Jurisdiction
Citation
Case Number: 
2020 IL App (1st) 191890
Decision Date: 
Tuesday, December 22, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Appeal dismissed.
Justice: 
COBBS

Court denied Defendant's motion to reconsider an eviction judgment. Although Defendant's motion was labeled as a "motion to vacate order", motion attacks the complaint, rather than the court's final order. Substance of motion sought dismissal of Plaintiff's complaint rather than vacation of court's final judgment. Motion was not a proper postjudgment motion and thus did not toll time for filing notice of appeal. Appeal dismissed for lack of jurisdiction, as Defendant did not file his "motion to vacate order" within 30 days of judgment order. (FITZGERALD SMITH and LAVIN, concurring.)