Background
David and Diana Smith sued John and Karen Bronski after buying the Bronskis’ single-family home in 2020. The Smiths alleged that the Bronskis knowingly failed to disclose material defects in the home. The Bronskis counterclaimed for negligent spoliation of evidence, alleging that changes the Smiths made to the property rendered defense evidence inaccessible.
The circuit court granted the Bronskis summary judgment on the Smiths’ claims. The Bronskis then sought attorney fees under a statute and contractual prevailing-party language, while the Smiths moved to reconsider the summary-judgment ruling. On July 17, 2025, the circuit court denied both requests. The Bronskis’ amended spoliation counterclaim, however, remained pending.
The Court’s Holding
The appellate court dismissed the Bronskis’ appeal from the denial of attorney fees for lack of jurisdiction. Because their amended counterclaim remained unresolved, the order did not dispose of the entire controversy and was not final and appealable.
The Bronskis invoked Illinois Supreme Court Rule 304(a), which can permit an appeal from an order resolving a separate claim if the circuit court expressly finds in writing that there is no just reason to delay appeal or enforcement. But the order denying fees contained no Rule 304(a) finding, and no such order appeared in the record. The notice of appeal was therefore premature and did not divest the circuit court of jurisdiction.
Key Takeaways
- An unresolved counterclaim ordinarily prevents an order from being final and appealable.
- Rule 304(a) requires an express written no-delay finding; citing the rule in a notice of appeal is not enough.
- An attorney-fee denial could not be appealed here while the amended counterclaim remained pending and no Rule 304(a) finding existed.
Why It Matters
The order reinforces that appellate jurisdiction depends on the circuit court’s disposition of all claims or a proper Rule 304(a) certification. Parties seeking immediate review of an order resolving fewer than all claims must ensure the record contains the required written finding.