VC&M, LTD v. Andrews

Illinois Supreme Court
Civil Court
Case Number: 
2013 IL 114445
Decision Date: 
June 20, 2013
2d Dist.
Du Page Co.
Certified questions answered; appellate court reversed; remanded.
Plaintiff's e-filing of its motion to reconsider prior to filing a paper copy, and without written order designating case as an e-filing case, per local court rule, did not render initial filing a nullity and did not deprive trial court of jurisdiction to consider motion. Eighteenth Judicial Circuit's Local Court Rule 5.03 prohibits a party from e-filing its notice of appeal. However, procedural defect of e-filing notice of appeal, rather than filing of a paper copy, was deficiency in form only and did not deprive appellate court of jurisdiction. (FREEMAN, GARMAN, and BURKE, concurring; THOMAS, KILBRIDE, and KARMEIER, dissenting.)