Legacy Re, Ltd. v. 401 Properties Limited Partnership

Illinois Appellate Court
Civil Court
Foreclosure
Jurisdiction
Citation
Case Number: 
2023 IL App (1st) 220855
Decision Date: 
Friday, May 19, 2023
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Appeal dismissed.
Justice: 
ODEN JOHNSON

Interlocutory appeal in a foreclosure matter involving an order entered by the trial court that imposed a constructive trust in favor of the plaintiff over a share of a mortgage note. Defendant argued that the appellate court had jurisdiction under SCR 307. The appellate court dismissed, finding that it lacked jurisdiction explaining that it would not upset the well-settled rule regarding foreclosure orders and that an interlocutory appeal was not appropriate where any inequity in the temporary order could be addressed by the trial court before issuing a final order. (C.A. WALKER and TAILOR, concurring)