APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION
510 N.E.2d 59, 156 Ill. App. 3d 796, 109 Ill. Dec. 438 1987.IL.798
Appeal from the Circuit Court of Cook County; the Hon. Thomas J. Wynn, Judge, presiding.
JUSTICE LINN delivered the opinion of the court. McMORROW, P.J., and JOHNSON, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN
Defendants Novus, Inc., and Lansing Landings Shopping Center, Ltd. (defendants), bring this appeal seeking reversal of a trial court's order denying their motion to dismiss plaintiff E. J. De Paoli Company's (De Paoli's) complaint. In its complaint, De Paoli seeks to foreclose on a mechanic's lien that it had previously filed against the defendants for contractual work that De Paoli performed but allegedly has not been compensated for. The defendants asked the trial court to dismiss De Paoli's complaint claiming that, under a contract executed between the parties, De Paoli was required to arbitrate any dispute that may arise.
The trial court denied the defendants' motion to dismiss the ruling that the contract did not bar De Paoli from seeking to enforce its mechanic's lien in a court of law.
The defendants now appeal asserting that the trial court erred in refusing to dismiss De Paoli's complaint.
As set forth below, we find that the trial court's order was not final and appealable and, as a result, the defendants' appeal is dismissed.
The facts of this case are not in dispute. In August of 1985, De Paoli and the defendants entered into a contract whereby De Paoli agreed to perform certain building and constructing services for the defendants. Prior to the completion of the building project, the architects involved issued a stop-work order to De Paoli. The stop-work order, however, was given after De Paoli had already invested considerable sums in performing its obligations under the contract. De Paoli requested payment for the completed work and when such payment was not forthcoming, De Paoli filed a mechanic's lien action with the trial court.
Soon thereafter, the defendants filed their motion to dismiss. According to the defendants, a provision in the contract provided that arbitration was the exclusive forum in which De Paoli could resolve any claims or dispute arising out of the contract.
The trial court denied the defendants' motion to dismiss, prompting the defendants ...