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Harlem Sav. Ass'n v. Lesniak

ILLINOIS APPELLATE COURT — FIRST DISTRICT, FOURTH DIVISION.


JANUARY 15, 1968.

HARLEM SAVINGS ASSOCIATION, PLAINTIFF AND COUNTER-DEFENDANT-APPELLEE,

v.

BRUNO LESNIAK, IRENE LESNIAK, HIS WIFE, UNKNOWN OWNERS, REGISTRAR OF TORRENS TITLES AND GOLDEN MANOR HOMES, INC., DEFENDANTS, AND BRUNO LESNIAK AND IRENE LESNIAK, DEFENDANTS, COUNTER-PLAINTIFFS AND THIRD-PARTY PLAINTIFFS-APPELLANTS,

v.

HARLEM SAVINGS ASSOCIATION, COUNTER-DEFENDANT-APPELLEE, AND GOLDEN MANOR HOMES, INC., THIRD-PARTY DEFENDANT-APPELLEE.

Appeal from the Circuit Court of Cook County; the Hon. CORNELIUS J. HARRINGTON, Judge, presiding. Appeal dismissed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

In this matter defendants filed a notice of appeal from a decree of foreclosure entered on July 7, 1967. Numerous issues are involved, relating not only to the basic litigation but also to a counterclaim and a third-party complaint.

Defendants moved in this court to expunge an order entered on December 19, 1967, in the trial court approving the Report of Sale and Distribution. In considering this motion we found that the decree of foreclosure from which this appeal was sought is not a final judgment and therefore not appealable. Calumet Federal Savings & Loan Ass'n of Chicago v. Markman, 50 Ill. App.2d 430, 438, 200 N.E.2d 419.

[1-3] The authority of this court stems from the constitution and pertains only to "appeals from final judgments of a Circuit Court," with exceptions not here pertinent. Art VI, §§ 6 and 7; Harris Trust & Savings Bank v. Briskin Mfg. Co., 63 Ill. App.2d 12, 15-16, 211 N.E.2d 32. When we are without jurisdiction to determine an appeal it is our duty to dismiss it, even though neither of the parties has requested such action. Cook County v. Hoytt, 41 Ill. App.2d 122, 124, 190 N.E.2d 150; Village of Niles v. Szczesny, 13 Ill.2d 45, 49, 147 N.E.2d 371. This appeal is, therefore, dismissed on the court's own motion.

If the subject matter of this attempted appeal were again to be presented to this court, the abstracts and briefs now on file could be refiled in the new appeal without reprint.

Appeal dismissed.

McCORMICK, P.J. and DRUCKER, J., concur.

19680115

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