Background
In this eviction action, the Circuit Court of Cook County entered a June 12, 2025 order awarding the plaintiffs possession of the property and a $30,888.51 judgment after a contested hearing.
The defendants timely moved on July 8 to reconsider the monetary judgment. The circuit court denied that motion on July 28. Defendants then filed emergency and second motions to retain possession, denied on August 1 and August 15, respectively. They filed their notice of appeal on August 29, seeking review of several 2025 orders.
The Court’s Holding
The Illinois Appellate Court, First District, dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely. The July 8 motion to reconsider was a timely postjudgment motion directed at the June 12 final order, so the defendants had 30 days from the July 28 denial to appeal.
That deadline was August 27, 2025. The later motions to retain possession did not extend the appeal period because successive postjudgment motions do not toll the deadline for filing a notice of appeal. Filed on August 29, the notice was two days late.
Key Takeaways
- A timely notice of appeal is mandatory and jurisdictional.
- After denial of a timely postjudgment motion, the appeal period runs from that denial.
- Successive postjudgment motions do not extend the deadline to appeal.
Why It Matters
The decision reinforces that litigants must calculate appellate deadlines from the disposition of the last timely postjudgment motion directed at the final judgment. Later filings seeking related relief cannot preserve an expired right to appeal.