Plaintiff filed a verified complaint for eviction against defendant seeking possession and a money judgment. The matter proceeded to bench trial and at the close of plaintiff’s case the trial court entered a directed finding in favor of the defendant. The appellate court dismissed the appeal, finding that it lacked jurisdiction because the notice of appeal was filed five days after the time for filing a notice of appeal expired. Plaintiff had argued that its notice of appeal was timely filed, but was initially rejected by the court’s electronic filing manager. The appellate court found this was not supported by the record, but even if it was, the appellant did not seek appropriate relief from either the trial or the appellate court for leave to file a late notice of appeal. (McLAREN and HUTCHINSON, concurring)
Illinois Appellate Court
Civil Court
Appellate Procedure