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03/13/96 JULIA MICHELS v. RICHARD C. ROMANOW

March 13, 1996

JULIA MICHELS, INDIVIDUALLY, AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF GEORGE J. MICHELS, DECEASED, PLAINTIFFS-APPELLEES,
v.
RICHARD C. ROMANOW, PETRA C. ROMANOW, CHICAGO TITLE AND TRUST, AS TRUSTEE UNDER TRUST DATED MARCH 31, 1982, AND KNOWN AS 677388, RICK O'SHAY INC., UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County. Honorable Edward C. Hofert, Judge Presiding.

The Honorable Justice Tully delivered the opinion of the court: Rizzi, P.j., and Cerda, J., concur.

The opinion of the court was delivered by: Tully

JUSTICE TULLY delivered the opinion of the court:

Defendants, Richard C. Romanow, Petra C. Romanow, Chicago Title and Trust, as Trustee under Trust Dated March 31, 1982, and known as 677388, Rick O'Shay Inc., unknown owners and non-record claimants, ostensibly appeal from two orders of the circuit court of Cook County granting summary judgment in favor of plaintiffs, Julia Michels (hereinafter Julia), individually, and as independent executor of the Estate of George J. Michels, deceased. Defendants assert that this court has jurisdiction under Supreme Court Rule 301 (134 Ill. 2d R. 301).

For the reasons which follow, we dismiss defendants' appeal.

Section 6 of Article VI of our 1970 Illinois Constitution provides as follows:

"§ 6. Appellate Court - Jurisdiction

Appeals from final judgments of a Circuit Court are a matter of right to the Appellate Court in the Judicial District in which the Circuit Court is located except in cases appealable directly to the Supreme Court and except that after a trial on the merits in a criminal case, there shall be no appeal from a judgment of acquittal. The Supreme Court may provide by rule for appeals to the Appellate Court from other than final judgments of Circuit Courts. The Appellate Court may exercise original jurisdiction when necessary to the complete determination of any case on review. The Appellate Court shall have such powers of direct review of administrative action as provided by law." (Emphasis added.) (Ill. Const. 1970, art. VI, § 6.)

Supreme Court Rule 301 provides as follows:

"Rule 301. Method of Review

Every final judgment of a circuit court in a civil case is appealable as of right. The appeal is initiated by filing a notice of appeal. No other step is jurisdictional. An appeal is a continuation of the proceeding." (Emphasis added.) (Emphasis added.) (134 Ill. 2d R. 301.)

Supreme Court Rule 303(a)(1) provides, in pertinent part, as follows:

"Rule 303. Appeals from Final Judgments of the Circuit ...


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