Plaintiff filed a lawsuit alleging conversion and replevin regarding the contents of an industrial building he claimed to own after the building was acquired by the defendant through a foreclosure action. The defendant filed a counterclaim alleging multiple counts including damages for the plaintiff’s failure to vacate the building. The trial court granted judgment in favor of the defendant and awarded damages against plaintiff and a third-party defendant. Plaintiff appealed and defendant counter-appealed and alleged that the appellate court lacked jurisdiction. The appellate court dismissed the appeal in part and vacated in part, explaining that plaintiff’s motion to reconsider the trial court’s denial of his post-trial motion did not toll the 30-day period to appeal because the trial court had no authority to consider a successive post-trial motion and that plaintiff’s notice of appeal was not timely. (JORGENSEN and SCHOSTOK, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure